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Foreign Investment

Foreign Investment
Foreign Investment
Expertise / Practices / Foreign Investment
Competition Regional Firm of the Year – Americas
GCR Awards 2019
I think they are world-class – they really do support not only our legal needs but also our business needs.
Client comment, Chambers Global: The World’s Leading Lawyers for Business 2019

Blakes has a leading foreign investment practice advising international and Canadian clients on the application of Canada’s foreign investment laws and regulations, including the Investment Canada Act (ICA).  The ICA contains general review and notification requirements for a wide range of investments by non-Canadians in Canadian businesses, as well as a comprehensive and increasingly utilized national security review regime.  Our lawyers are experts in navigating the complex maze of laws and regulations governing investments by non-Canadians in all of these areas, including the special rules that apply to state-owned enterprises, sovereign wealth funds, investors from certain countries and cultural businesses.

Apart from the ICA, our practice also entails advising companies on a range of Canadian foreign investment laws and regulations that apply to specific sectors such as media, transportation, books and mining.

We have experience in all aspects of Canada’s foreign investment regime, having represented numerous clients at all levels of the relevant government agencies and successfully clearing a number of high-profile transactions.

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Recent Experience
  • The Stars Group Inc. in connection with its announced US$15-billion enterprise value merger of equals with Flutter Entertainment Inc.

  • Cronos Group in connection with the C$2.4-billion strategic investment by Altria Group Inc.

  • The Washington Companies on their US$1.2-billion acquisition of Dominion Diamond Corporation.

  • The Stars Group Inc. on its US$6-billion sale to Flutter Entertainment plc.

  • Holcim Ltd. on its C$50-billion merger with Lafarge S.A.

  • GlaxoSmithKline on its multibillion-dollar three-part transaction with Novartis involving the companies’ Consumer Healthcare, Vaccines, and Oncology businesses.

  • Siemens on its acquisition of Dresser-Rand for a total consideration of US$7.6-billion.

  • Continental AG on its proposed acquisition of Veyance Technologies.

  • Nestlé S.A. on its €6.5-billion acquisition of Galderma Pharma S.A. and Galderma International S.A.S.

  • Procter & Gamble Co. on the C$2.9-billion acquisition of its Pet Food Business by Mars Inc.

  • Merck & Co. on the C$14.2-billion sale of its non-prescription medicine and consumer care business to Bayer Inc.

  • ExxonMobil Canada Ltd. on its acquisition of Celtic Exploration Ltd. for C$3.1-billion.

  • Nexen Inc. on its C$15.1-billion acquisition by CNOOC Limited.

  • Daylight Energy Ltd. on its C$2.2-billion acquisition by China Petrochemical Corporation, known as Sinopec Group.

  • Encana Corporation on its C$920-million disposition of Cutbank midstream assets, including the Hythe/Steeprock gas gathering and processing complex and the negotiation of attendant post-closing operational arrangements.

  • Quadra FNX Mining Ltd. on the C$3.5-billion acquisition of Quadra FNX by KGHM Polska.

  • BHP Billiton on its US$40-billion offer to acquire Potash Corporation of Saskatchewan.

  • Sinopec International Petroleum Exploration and Production Corporation on its C$4.65-billion purchase of ConocoPhillips' interest in the Syncrude joint venture.

  • Cliffs Natural Resources on its C$4.9-billion acquisition of Consolidated Thompson Iron Mines.

  • Ericsson in connection with various transactions involving Nortel, including the acquisition of parts of Nortel's Carrier Networks division relating to CDMA and LTE technology in North America, a US$1.13-billion transaction.

  • Enerplus Resources Fund on its C$7.6-billion strategic business combination with Focus Energy Trust.

Awards & Recognition

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

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

  • 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.”

  • 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.

  • 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 2019 (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 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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