Canadian and international corporations frequently seek the Group's counsel on high-profile mergers in which coordinated resolution of regulatory issues is critical. When corporations find themselves subject to proceedings under the Competition Act, either before the courts or the Competition Tribunal, the Group has unmatched experience and expertise to effectively represent them. In criminal and class and other private actions, Stikeman Elliott's lawyers successfully represent Canadian, American, European and Asian corporations in the negotation and implementation of  advantageous settlements.

The Group's global reach allows members to work closely with M&A attorneys in the Canadian, European, U.S. and Pacific Rim offices of Stikeman Elliott, and collaborate effectively with colleagues in leading U.S. and European law firms.

Competition Bureau Relations - Mergers and Much More

As the only major Canadian competition law practice, with a strong presence in Ottawa, Stikeman Elliott maintains a healthy relationship with key players in the Government of Canada. On an ongoing basis, the group deals with officials of the Competition Bureau, Investment Canada, the Department of Finance, the Department of Justice, Transport Canada and other important government departments and agencies, such that regulatory strategies are seamlessly integrated. Consistent with their active participation in legal and policy development, members of our Group are regularly consulted on amendments to the Competition Act as well as policy initiatives of the Competition Bureau (e.g., draft enforcement guidelines).

Lawson A.W. Hunter, Q.C., as one of Canada's foremost experts on competition and regulatory matters, has returned to Stikeman Elliott in late 2008 as counsel after five years as executive vice-president and chief corporate fficer. His service at Bell followed ten years as head of Stikeman Elliott's Competition/Antitrust Group. Mr. Hunter also spent a number of years in the federal public service, during which he led Canada's competition regulator and was primarily responsible for the drafting of the Competition Act.

Keeping on top of developments in Ottawa helps us ensure that merger and acquisition matters pursued by our clients are efficiently completed on the terms negotiated. We work diligently to minimize the risk of regulatory interference by the Commissioner of Competition and other Government agencies in transactions involving Canadian businesses, and advise leading Canadian businesses with respect to ongoing Competition Bureau and government relations. In particular, we:

• Advise generally on the competition law governing mergers and acquisitions
  
  
• Provide an objective assessment of the likelihood that a proposed acquisition would lead to intervention by the Commissioner
  
  
• Prepare pre-merger notification materials and/or apply to the Commissioner for an advance ruling certificate or advisory opinion in respect of a proposed transaction, where appropriate
  
  
• Structure transactions so as to eliminate or minimize the risks of challenge by the Commissioner
  
  
• Liaise with the Competition Bureau and Investment Canada to enable clients to complete their transactions in a timely manner
  
  
• Advise clients in connection with investigations initiated by the Commissioner, whether civil or criminal in nature
  
  
• Advise clients in connection with search warrants or other formal inquiry procedures initiated by the Commissioner
  
  
• Assist clients in lodging complaints with the Competition Bureau
  
  
• Advise generally with respect to the Commissioner's or Investment Canada's position on or interpretation of various issues of importance to clients
  

Cross-border Expertise

The Group's extensive experience as counsel to major multinational transactions has significantly advanced its cross-border competition law expertise, which is of particular value to U.S., European and other non-Canadian clients. Member of the Group are able to assist such clients by:

• Advising on "Canadianizing" their competition procedures with respect to their operations in this country; and
  
  
• Conducting seminars to educate staff on the differences between Canadian competition law and that of the client's home jurisdiction - notably, on aspects of Canada's competition regime that can be more demanding than its American counterpart.
  

Litigation - Before the Courts and the Competition Tribunal

Competition/Antitrust litigation is an increasingly active and complex business reality in Canada. Proposed amendments to the Canadian Competition Act further expand the range of conduct and the seriousness of consequences to parties in civil proceedings, including cases before the Competition Tribunal and in court.

Stikeman Elliott's competition litigators hold the experience, knowledge, judgment and skills to represent clients effectively in this highly dynamic and strategic area, representing national and international clients in a variety of competition litigation mandates, including:

• Criminal investigations and proceedings involving corporations, directors, officers and employees;
  
  
• Defending class actions, which are typically commenced on a national basis mirroring similar U.S. actions and often follow Canadian criminal investigations;
  
  
• Representing one or more parties to a merger, or those who oppose a merger, both in dealing with the Competition Bureau, and then before the Competition Tribunal, on a contested or consent basis;
  
  
• Defending clients in contested proceedings before the Competition Tribunal in which allegations of anticompetitive conduct and violations of consumer protection measures in the Competition Act are made by the Commissioner of Competition or, in certain cases, by private individuals;
  
  
• Making or responding to complaints to the Competition Bureau alleging anti-competitive conduct in a market; and
  
  
• Commencing or defending private actions or applications brought under the Competition Act and under the common law in which anti-competitive conduct is alleged.
  

Having highly skilled competition litigation counsel with extensive experience on the ins and outs of Canadian antitrust law and the practice and approach of the regulatory authorities, and who are well-known to the courts at all levels and in all jurisdictions and to the Tribunal, is a priority for clients faced with competition litigation issues. The firm's litigators work very closely with colleagues on the solicitors' side of Canadian antitrust practice, and members of the Competition Group draw on the experience and judgment of the litigation team on a daily basis.

Compliance

Competition law is complex and constantly evolving, and business practices that appear innocuous to clients may in fact contravene the Competition Act. Stikeman Elliott's experienced competition counsel can help companies avoid unwelcome surprises, including Bureau investigations and civil or criminal actions, by:

• Conducting a competition law audit to identify and report on any aspects of a client's procedures or policies that raise compliance issues;
  
  
• Designing, in collaboration with the client's operations personnel, a comprehensive compliance program;
  
  
• Conducting seminars to educate staff on compliance pitfalls common in their industry; and
  
  
• Advising with respect to document management (i.e., creation and retention).
  

Global Rankings & Achievements

Consistently high rankings are a clear reflection of the Group's well earned reputation in major cross-border and domestic legal work.

• GCR 100 - a listing of the leading global competition law practices by the Global Competition Review.
  
  
• GCR's Canada Survey - ranked as an elite competition practice in Canada and noted as "one of the best competition groups in the country, serving both firm-wide and antitrust-only clients".
  
  
• Chambers Global: Guide to the World's Leading Lawyers for Business - ranked as among the best law firms in competition/antitrust in Canada by Chambers and Partners and noted for "absolute quality and total focus".
  

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Representative Experience

The following are selected highlights of our recent work:

• Ticketmaster Entertainment Inc., as Canadian counsel, in its US$2.5 billion merger with Live Nation Inc. (2009)
  
  
• Bell Canada in its winning bid for the assets of InterTAN Canada Ltd.'s retail business operating under the trade name, The Source by Circuit City. (2009)
  
  
• Yahoo! Inc. in connection with the search advertising agreement they entered into with Microsoft Corporation. (2009)
  
  
• Lori Riediger v. Air Canada et al. (2009) Ontario (acting for defendant in proposed class actions alleging conspiracy in the supply of passenger air travel services).
  
  
• Wyeth, as Canadian counsel, in its US$68 billion acquisition by Pfizer Inc. (2009)
  
  
• Panasonic Corporation, as Canadian counsel, in its US$9 billion acquisition of Sanyo Electric Co., Ltd. (2009)
  
  
• Pro Sys Consultants Ltd. v. Infineon Technologies AG. et al. (2009) Ontario, Québec and British Columbia (further appeal proceedings pending regarding certification of proposed class proceedings in B.C. and Québec alleging price-fixing conspiracy in computer chips)
  
  Note: Unless listed otherwise, transactions are in Canadian dollars.
  

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Now Available - 2010 Competition Act and Commentary
Members of the Competition/Antitrust Group have authored commentaries for Butterworths Competition Act & Commentary, 2010 edition, which captures the most significant amendments to Canada's competition and foreign investment regimes in more than 20 years. This concise guide to competition law in Canada provides expert insights on Bill C-10 (Budget Implementation Act, 2009) amendments that received Royal Assent on March 12, 2009. Click here for more information and/or to order the book.

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Below are media excerpts, which feature members of the Competition Group as they are referred to or quoted on various topics surrounding Canadian competition/antitrust law.

• Competition lawyer quoted on changes to Competition Act
  Lawson Hunter is quoted in a recent Financial Post article on the implications of the proposed changes to Canada's Competition Act.
  
  
• Competition lawyer publishes article on penalties for abuse of dominance
  Shawn Neylan authored a third opinion in the National Post on the Competition Act amendments in Bill C-10. This opinion discusses the issues associated with imposing financial penalties for abuse of dominance.
  
  
• Competition lawyer publishes article on amendments to cartel law
  Shawn Neylan authored another article in the National Post on the potential impact of Bill C-10, this time addressing the issue of amendments to the cartel law.
  
  
• Toronto lawyer authors article in The Financial Post
  Shawn Neylan wrote the article "A recipe for delay: The federal government is trying to rid the mergerreview process of meaningful judicial oversight" in The Financial Post regarding the newly introduced Bill C-10.
  
  
• Stikeman Elliott lawyers quoted on Competition Act changes
  Lawson Hunter of the Ottawa office and Paul Collins of Toronto are quoted in a Globe and Mail article on the proposed changes to Canada's Competition Act. In a recent article in the National Post, Mr. Hunter was also quoted on the Competition Act changes, as well as on proposed changes to the Investment Canada Act.
  

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Competition/Antitrust Industry Highlights

Competition Bureau Seeking Comments on Revised Merger Review Process Guidelines On March 24, 2009 the Competition Bureau announced that it is seeking public comments on its draft Revised Merger Review Process Guidelines. A revision of the guidelines was required due to the recent amendments to the merger provisions of the Act. The draft guidelines set out the Bureau's policies and procedure relating to the Competition Act's two-stage merger review process. Specifically, the draft guideline provide an introduction to the revised process, describe the process the Bureau will follow during the initial 30 calendar day waiting period, and explains the process the Bureau will follow when it decides to issue a supplementary information request. The Bureau asks that comments be submitted no later than May 29, 2009.

Click here for more Competition/Antitrust Industry Highlights compiled by Stikeman Elliott. BACK TO TOP