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Randall Hofley

Randall Hofley
Randall Hofley Partner | Toronto, Ottawa
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Recent representative merger and competition litigation matters in private practice include:

  • Agrium Inc. on its US$36-billion merger with Potash Corporation of Saskatchewan Inc.

  • BCE (Bell) on its C$3.9-billion acquisition of Manitoba Telecom Services, on its proposed C$3.38-billion acquisition of Montréal-based Astral Media Inc. and its leading specialty and pay television channels, radio stations, digital media properties and out-of-home advertising platforms, and on its acquisition of an ownership position in Maple Leaf Sports and Entertainment

  • Superior Plus Corp. on its C$412-million acquisition of the retail propane business of Gibson Energy Inc. and on its C$932-million offer for Canexus Corporation

  • Dow Chemical in an action with respect to a joint venture related to the Act and restraint of trade issues, before the Alberta Court of Queen’s Bench

  • ExxonMobil/Imperial Oil in respect of a damages award based on a finding that the criminal cartel provisions of the Act were violated, before the Alberta Court of Appeal and Supreme Court of Canada

  • Mitsui OSK Lines in class-action certification proceedings related to car carrier services before the Supreme Court of British Columbia

  • Office Depot in litigation brought by the Competition Bureau challenging the Staples-Office Depot merger, before the Competition Tribunal

  • Visa Canada in litigation brought by the Competition Bureau challenging Visa merchant discrimination rules as a violation of the (civil) price maintenance provisions of the Act, before the Competition Tribunal

  • United Continental in litigation brought by to the Competition Bureau challenging alliance agreements between United Continental Airlines and Air Canada under the competitor collaboration provisions of the Act, before the Competition Tribunal

  • Defended against cartel prosecutions and class actions in respect of (numerous) auto parts, audio-video products, car carrier (vessel) services, chemicals, flooring, insulation, and vitamins, most recently for global companies such as Autoliv, Mitsui OSK, Mohawk Industries and Yazaki, successfully securing dismissals, immunity or leniency and other resolutions

Randall’s experience spans numerous industries, including animal health, digital platforms, energy, financial services, food and consumer products, information technology, life sciences, music, petrochemical, pharmaceuticals, telecommunications, and transportation (rail and air). Consequently, he has also represented major companies such as HJ Heinz, BCE and TransCanada Pipeline (respectively) before federal regulatory tribunals such as the Canadian International Trade Tribunal, the Canadian Radio-television and Telecommunications Commission and the National Energy Board.
Awards & Recognition

Randall is recognized as a leading competition lawyer and litigator in numerous industry publications, including:

  • The Legal 500 Canada 2019 (Recommended in Editorial)

  • Chambers Global: The World’s Leading Lawyers for Business (Competition/Antitrust: Litigators)

  • Chambers Canada: Canada’s Leading Lawyers for Business (Competition/Antitrust: Litigators)

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

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

  • Euromoney’s LMG Guide to the World’s Leading Competition and Antitrust Lawyers

  • Who’s Who Legal: Competition

  • Who’s Who Legal: Canada (Competition/Antitrust Law)

  • Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms and Attorneys (Litigation Star: Competition)

  • The Canadian Legal Lexpert Directory (Competition Law)

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

Professional Activities

Randall is a member of the Canadian Bar Association (CBA) and the American Bar Association and is an active member of those associations' sections in his areas of expertise. He was chair of the CBA's International Law Section and National Competition Law Section's Criminal Matters Committee.

Randall was an adjunct professor of Government Control of Business at McGill University Faculty of Law and is currently vice-president and treasurer of the Canadian Institute for Advanced Legal Studies. He was a law clerk to (former) Chief Justice Beverley McLachlin of the Supreme Court of Canada.

Publications
Professional Appearances
  • Speaker: Procedural Fairness and Antitrust: A Global Perspective
    CBA Competition Law Fall Conference, September 27, 2018.
  • Speaker: International Competition Network Merger Working Group Seminar on Vertical Mergers and Innovation
    International Competition Network Merger Working Group Seminar on Vertical Mergers and Innovation, November 21, 2017.
  • Speaker: CBA Competition Litigation Seminar
    CBA Competition Litigation Seminar, March 2017.
Education

Admitted to the Quebec Bar - 1992
Admitted to the Ontario Bar - 1991
LL.B. and B.C.L., McGill University - 1989
B.A., University of Winnipeg - 1985

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