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Brian A. Facey

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Recent representative matters in the public domain include:

  • Secure Energy Services Inc. on its CAD$2.3-billion enterprise value merger with Tervita Corporation before the Competition Bureau, Competition Tribunal and Federal Court of Appeal.

  • Canadian counsel to Intact Financial Corporation on its C$12.3-billion acquisition, together with Tryg A/S, of RSA Insurance Group Plc.

  • The Jim Pattison Group in the sale of Sun-Rype Products Ltd. to Lassonde Industries Inc.

  • Intact Financial Corporation on its C$1-billion acquisition of The Guarantee Company of North America and Frank Cowan Company Limited

  • Elanco Animal Health Incorporated on its US$7.6-billion purchase of Bayer AG’s animal health business

  • Suncor Energy Inc. in connection with its C$43.3-billion merger with Petro-Canada

  • Bell Canada in connection with its C$1.3-billion acquisition of an ownership position in Maple Leaf Sports and Entertainment, which owns the Toronto Maple Leafs NHL hockey franchise and the Toronto Raptors NBA basketball franchise

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

  • Praxair Inc. in connection with its US$33.9-billion combination with Linde AG

  • Essilor International S.A. in connection with its €48-billion combination with Luxottica Group S.p.A.

  • Superior Plus Corp. in connection with its C$412-million acquisition of the retail propane business of Gibson Energy Inc.

  • Pembina Pipeline Corporation in connection with its US$9.7-billion acquisition of Veresen Inc.

  • Agrium Inc. in connection with its US$38-billion merger of equals transaction with Potash Corporation of Saskatchewan Inc. to form Nutrien Ltd.

  • Nutrien Ltd. in connection with its A$470-million acquisition of Ruralco Holdings Limited

  • Anheuser-Busch InBev SA/NV in connection with its £71-billion acquisition of SABMiller plc and in connection with the US$12-billion on-sale of the Miller Brands business to Molson Coors

  • Intact Financial Corporation in connection with its acquisition of On Side Developments Ltd.

  • Intact Financial Corporation in connection with its C$2.6-billion acquisition of the Canadian insurance businesses of AXA SA

  • Red Hat, Inc. in connection with its US$34-billion merger with IBM

  • Bell Canada in connection with its C$3.9-billion acquisition of Manitoba Telecom Services Inc. (MTS) and in its sale of a portion of MTS wireless subscribers and assignment of certain dealer locations to TELUS Corp.

  • Dell Inc. in connection with its US$67-billion acquisition of EMC Corp.

  • Superior Plus Corp. in connection with its C$932-million proposed acquisition of Canexus Corporation

  • GlaxoSmithKline in connection with the Canadian antitrust aspects of its Consumer Healthcare, Vaccines and Oncology transactions with Novartis AG

Awards & Recognition

Brian is recognized as one of Canada's leading lawyers in all of the lawyer-ranking publications, including:

  • The Best Lawyers in Canada (Competition/Antitrust Law)

  • Thomson Reuters Stand-out Lawyer 2021 – Independently Rated Lawyers (As nominated by senior in-house counsel)

  • Chambers Canada: Canada's Leading Lawyers for Business (Competition/Antitrust) (Band 1) – Described by one source as: "the top competition lawyer in Canada, who would also rank among the best antitrust practitioners globally." Clients comment on his "exceptional depth of knowledge and experience in the field. He is easy to work with and very practical".

  • Chambers Global: The World's Leading Lawyers for Business (Competition/Antitrust) (Band 1) – Regarded as one of the leading figures in Canadian competition law.

  • Who's Who Legal: Canada (Competition) – "… distinguished by his 'excellent judgment and pragmatic approach'. He is a go-to for cartel cases, competition class actions and regulatory matters."

  • Who's Who Legal: Thought Leaders – Global Elite (Competition)

  • Who's Who Legal: Thought Leaders (Competition)

  • Who's Who Legal: Global (Competition – Global Elite Thought Leader; Foreign Investment Review) – "… singled out by his peers as 'a truly brilliant lawyer and an excellent competition law practitioner', renowned for his 'wise judgment'."

  • Canadian Lawyer Magazine named Brian one of Canada's Top 25 Influential of 2017. Voters were quoted: "Outstanding leader in his field and in the community"; and "Thoughtful, strategic, relentless . . . all on behalf of his clients."

  • The Legal 500 Canada (Competition/Antitrust) – Leading Individual – "We have worked most closely with Brian Facey who is excellent. Brian is so quick to see the bigger picture and approaches everything with a very strategic mindset".

  • The Canadian Legal Lexpert Directory (Competition Law – Most Frequently Recommended). He is also recognized as a top competition litigation counsel: "Facey [is] among a rare breed of top-rated competition 'solicitors' not afraid to get on his feet in litigation."

  • Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys – Client Quoted: "His advice was critical to us completing a deal with a major client. Without him, the deal wouldn't have been closed by now… without a doubt, simply one of the best competition lawyers in Canada."

  • The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada (Competition Law)

  • The Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada (Competition Law)

  • Global Competition Review's GCR Awards 2017 – Nominated for "Dealmaker of the Year"

  • Legal Media Group's The Best of the Best 2016 – One of the top 30 competition and antitrust attorneys in the world.

  • BTI Client Service All-Star Awards – Brian was named a "BTI Client Service All-Star" for 2014 for delivering exceptional client service in the area of Competition/Antitrust. Brian was named one of the top 15 antitrust lawyers globally and is the only Canadian lawyer to receive this distinction.

  • The 2014 Lexpert Zenith Awards: Celebrating Practice Area Excellence (Competition Law) – Client quoted: "Brian was at the epicentre of many of the country's largest deals."

Professional Activities

Brian was Chair of the Canadian Bar Association's National Competition Law Section, as well as the founder and past co-chair of the Canadian Bar Association's National Competition Law Section's Foreign Investment Review Committee and the Section's International Committee. He is a member of the C.D. Howe Competition Policy Council (2015-present).

Brian is co-author of leading treatises on Canadian regulatory law entitled Competition and Antitrust Laws in Canada: Mergers, Joint Ventures and Competition Collaborations, LexisNexis, 2020 (Third Edition); Competition and Antitrust Law: Canada and the United States, LexisNexis, 2019 (Fifth Edition); Investment Canada Act: Commentary and Annotation, LexisNexis, 2014-2020; Competition Act: Commentary and Annotation, LexisNexis, 2020; and Halsbury's Laws of Canada: Competition and Foreign Investment, LexisNexis, 2019.

Brian has testified before the Canadian Senate and Parliamentary Committees on amendments to the Competition Act and Investment Canada Act and was appointed by the Commissioner of Competition as a consultant to the Competition Bureau in relation to amendments to Canada's competition laws, which are now in force.

Publications
  • Co-author: Competition and Antitrust Laws in Canada: Mergers, Joint Ventures and Competitor Collaborations
    LexisNexis Canada, 2020 (Third Edition).
  • Co-author: Competition Act: Commentary and Annotation
    LexisNexis Canada, 2020.
  • Co-author: Canada: Canadian Competition Law And Foreign Investment: What To Expect In 2020 And How To Stay Ahead Of The Curve
    Mondaq Business Briefing, 2020.
Education
LLM (Antitrust Economics and Law), Georgetown University – 1997
Admitted to the Ontario Bar – 1993
LLB, University of British Columbia – 1991
BA (Hon., Economics), University of Toronto – 1988
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