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Merger Review & Control

Merger Review & Control
Merger Review & Control
Expertise / Practices / Competition & Antitrust / Merger Review & Control

As one of the largest and most active mergers and acquisitions practices in the country, the Blakes Competition, Antitrust & Foreign Investment group is frequently retained by major domestic and international companies and leading domestic and international law firms to provide strategic counsel and representation in merger planning, risk allocation and securing timely approvals before the Competition Bureau (Bureau) and the courts. Our lawyers have been involved in many of the largest and most complex mergers in the history of Canadian business and many other mergers with global implications.

The Bureau is now taking a much more active approach to its review of strategic mergers and is increasingly sophisticated in conducting its investigations. The Bureau has expanded its focus to identify and review non-notifiable mergers that may impact competition and closely consider the impact of mergers on data, technology and related markets. The net effect of these changes has been to reduce business certainty in the strategic merger review process and increase the need for advanced legal guidance.

Blakes is also at the forefront of merger litigation. There are six merger cases that form the primary body of merger jurisprudence in Canada. Blakes has represented the parties in all five of the cases in which the parties were successful (Southam, CP Ships, Hillsdown, Superior Propane and Labatt). Most recently, Blakes represented United Continental Airlines (regarding its alliance agreements with Air Canada) and Office Depot, Inc. (regarding its merger with Staples, Inc.) before the Competition Tribunal.

We advise clients with respect to securing merger approvals for non-Canadian purchasers under Canada’s foreign investment laws and regulations, including all aspects of the Investment Canada Act (ICA). The ICA contains general review and notification requirements for a wide range of investments by non-Canadians, as well as a comprehensive and increasingly utilized national security review regime.  Our lawyers are experienced in navigating the complex maze of laws and regulations governing these investments, including the special rules that apply to state-owned enterprises, sovereign wealth funds, investors from certain countries and cultural businesses.

We are proud of the work we do to assist our clients to meet their legal and business objectives and are committed to unparalleled client service and developing creative, effective and efficient solutions.

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Awards & Recognition

Blakes was named Regional Firm of the Year – Americas in the 2019 GCR Awards and Competition Law Firm of the Year in the 2018 Benchmark Canada Awards.

Members of our Competition, Antitrust & Foreign Investment Group are consistently ranked as leading practitioners in the most recent editions of the following publications:

  • Chambers Canada: Canada’s Leading Lawyers for Business (Competition/Antitrust) ranks Blakes and Brian A. Facey in Band 1, its top tier for Competition/Antitrust. Navin Joneja, Robert E. Kwinter, Julie Soloway and Micah Wood are recognized as leading lawyers. Clients were quoted as saying: “They are world-class – they really do support not only our legal needs but also our business needs.”

  • The Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada ranks Brian A. Facey and Robert E. Kwinter as leading lawyers in the area of Competition Law.

  • The Legal 500 Canada (Competition/Antitrust) ranks Blakes in the top tier with clients referring to us as “market leader.” Brian A. Facey and Robert E. Kwinter are ranked as leading lawyers. Cassandra Brown is ranked in the Next Generation category.

  • The Best Lawyers in Canada (Competition/Antitrust Law) recognizes Brian A. Facey, Navin Joneja, Robert E. Kwinter, Julie Soloway and Micah Wood as leading lawyers.  Robert E. Kwinter named as Lawyer of the Year.

  • Chambers Global: The World’s Leading Lawyers for Business (Competition/Antitrust) ranks Blakes and Brian A. Facey in Band 1, its top tier for Competition/Antitrust. Navin Joneja, Robert E. Kwinter, Julie Soloway and Micah Wood are recognized as leading lawyers.

  • GCR Awards 2019 – Named Competition Regional Firm of the Year – Americas.

  • Global Competition Review’s GCR 100 ranks the Blakes Competition, Antitrust & Foreign Investment group in the “Elite” category, the review’s highest designation, noting that Blakes “continues to be at the top of Canadian competition law, and is considered ‘the firm to beat’ by several of its rivals.”

  • The Canadian Legal Lexpert® Directory ranks Brian A. Facey, Navin Joneja, Joshua Krane, Robert E. Kwinter and Julie Soloway as leading lawyers in the area of Competition Law.

  • Lexpert® Guide to the Leading US/Canada Cross-Border Litigation Lawyers In Canada ranks Brian A. Facey and Robert E. Kwinter as leading lawyers in the area of Competition Law.

  • Who's Who Legal: Competition ranks the Blakes Competition, Antitrust & Foreign Investment group as a leader, with five competition lawyers individually ranked, including Brian A. Facey, Navin Joneja, Robert E. Kwinter, Julie Soloway and Micah Wood.

  • Who's Who Legal: Competition - Thought Leaders recognizes Brian A. Facey, Robert E. Kwinter and Julie Soloway as thought leaders in the area of Competition Law.

  • Who's Who Legal: Thought Leaders - Global Elite (Competition) recognizes Brian A. Facey as one of the three top competition lawyers in Canada.

  • Who’s Who Legal: Canada - Competition recognizes Brian A. Facey, Navin Joneja, Robert E. Kwinter, Julie Soloway and Micah Wood as leading lawyers.

  • Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys recognizes Catherine Beagan-Flood, Réal Forest, Jeff Galway, Randall Hofley, Robert E. Kwinter, Claude Marseille, Dalton McGrath, James Sullivan and Robert Torralbo for their expertise in Competition Litigation.

  • Who's Who Legal 2017 places Brian A. Facey among an extremely selective list of 25 Thought Leaders in the field of competition law worldwide — the only competition lawyer in Canada to hold this distinction.

  • Who's Who Legal: Competition - Future Leaders 2017 recognizes Cassandra Brown, Joshua Krane, Kevin MacDonald and Micah Wood as the foremost practitioners in the competition community aged 45 and under.

  • Canadian Lawyer Magazine names Brian A. Facey one of Canada’s Top 25 Influential 2017.

  • Global Competition Review’s Women in Antitrust ranks Julie Soloway as one of the world’s leading female lawyers in the field of competition law.

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