Expertise
Competition / Antitrust
Our expertise in competition and antitrust ensures clients needs are answered decisively and with speed.
Clients rely on us for assistance with merger reviews, cartel investigations, monopoly and/or abuse of dominance, pricing practices, licensing and distribution, marketing and promotional content review, intellectual property issues, restrictive trade practices, and the development of compliance programs.
In addition, we assist with corporate and commercial matters, regulatory law and international trade, and also partner with clients on competition litigation processes and advise on foreign investment in Canada.
Recent work includes negotiating with, and in some instances acting for, the Competition Bureau and the Commissioner of Competition in Canada, litigating competition cases, and advising on compliance with the Competition Act, and related federal and provincial laws
We are proud to be recognized as one of Canada's leading competition/antitrust law practices with team members recognized by the Canadian Legal Directory Lexpert and Best Lawyers In Canada, as well as foreign publications such as Chambers Global, Euromoney and Global Counsel.
Industry Expertise
- Aerospace
- Agricultural products
- Banking and financial services
- Book publishing and retailing
- Grocery
- High-tech products and services
- Home improvement products
- Media and telecommunications
- Mining
- Oil and gas
- Pharmaceuticals
- Pulp and paper
- Steel
- Transportation waste management
Services
- Advertising and marketing practices
- Cartel and conspiracy investigations
- Compliance programs
- Foreign investment review
- Joint ventures and strategic alliances
- Merger review
- Monopoly and abuse of dominance matters
- Pricing, distribution and licensing practices
Client Work
Cirque du Soleil in New Partnership with Dubai World
Acted for Cirque du Soleil in the acquisition of a 20% stake by Istithmar World and Nakheel, units of Dubai World.
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Riverside Company Acquires Herb Thyme Farms
Counsel to The Riverside Company in its $51m acquisition of Herb Thyme Farms, Inc.
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Domtar Enters Agreement to Sell its Forest Products Business for Approximately $285M
Counsel to Domtar Corporation in its agreement for the sale of its forest products business to the newly created Conifex Inc. for approximately $285 million including an estimated $50 million of working capital.
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Babcock & Wilcox Acquires Intech and Ivey-Cooper Services
Acted as counsel to Babcock & Wilcox in its acquisition of Intech and Ivey-Copper Services.
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Bowater Merges with Abitibi Consolidated
Represented Bowater Inc. in the final step of its merger with Abitibi-Consolidated
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Rio Tinto Acquires Alcan
Ogilvy Renault represented Alcan in its recently completed US$38.1 billion offer of acquisition.
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Europe's Best Acquired by J. M. Smucker
Represented Europe's Best Inc. The acquired business is expected to add approximately $70 million in net sales to The J.M. Smucker Company.
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Ogilvy Renault Acts for CHC in $3.7 Billion Deal
The largest ever buy-out in the oil field services industry
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Advising Bombardier Inc.
Concerning the sale of its recreational products division
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Advising Laurentian Bank of Canada
Concerning sale of bank branches to Toronto-Dominion Bank
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Advising RONA on acquisition
Acquisition of Réno-Dépôt's home improvement products retail business
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Advising Petroleum Industries Company
Concerning joint venture with The Dow Chemical Company
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Advising Reebok International
Concerning Reebok International's acquisition of The Hockey Company
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Publications
Competition Policy Review Panel Presents Final Report: Compete to Win
The Report assesses Canada's competitiveness, and in particular Canada's foreign investment and competition policies. It also provides recommendations to the Minister of Industry to make Canada more competitive in an increasingly global marketplace.
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Heightened Focus on Environmental Claims
To assist industry and advertisers in complying with Canadian legislation and national/international standards, the CSA recently released the second edition of the special publication Environmental Claims: A Guide for Industry and Advertisers.
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Canada Uses Investment Canada Act to Block Acquisition of MDA by Alliant Techsystems
In an unprecedented decision, the Honourable Jim Prentice, Minister of Industry, rejected the proposed $1.3b acquisition of the information systems and geospatial businesses of MacDonald, Dettwiler and Associates Ltd. by US-based Alliant Techsystems Inc.
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The Competitive Edge
There have been two recent developments regarding the government's intentions to review Canada's foreign investment policies and competition laws.
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Merger Review: New Timing Considerations Following The Commissioner of Competition v. Labatt Brewing Co. Ltd. et al
The Competition Tribunal's decision significantly limits the ability of the Commissioner to obtain interim orders under section 100 of the Competition Act pending a merger review and to halt the implementation of a merger transaction.
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The Selective Distribution of Brand Name Products in Canada
On March 23, 2007, the Competition Tribunal ("Tribunal") rendered a decision concerning the supply of (or refusal to supply) brand name wares to department stores.
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Antitrust: A Cross-border Perspective
Reprinted from 2006 Lexpert Guide to the Leading 100 Canadian Industry Specialists. (c) Thomson Carswell.
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Abuse of dominance in Canada
An extract from The Antitrust Review of the Americas 2007, a Global Competition Review special report.
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The Competitive Edge
Officials from the Mergers Branch at the Competition Bureau recently signalled an important change in their approach to pre-merger short and long-form notification filings under the Competition Act, namely, that they will be seeking more long-form...
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Section 106 of the Competition Act: RONA Passes the Test
On May 30, 2005, the Competition Tribunal handed down an important decision in RONA inc. v. Commissioner of Competition, marking the first time the Tribunal has had occasion to interpret the new wording of section 106 of the Competition Act.
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Proposed Competition Act Amendments
On November 2, 2004, the Minister of Industry tabled Bill C-19 proposing amendments to the Competition Act which would expand the monetary remedies available with respect to abuse of dominance, deceptive marketing practices and misleading advertising...
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Two Private Access Cases Proceed on the Merits before the Competition Tribunal
In two recent cases, the Competition Tribunal has, for the first time, granted leave to private parties to bring an application under the ''refusal to deal'' provision.
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Threshold and Fees for Merger Notification under the Competition Act to Increase on April 1, 2003
The Competition Bureau is increasing the size-of-transaction threshold for merger notification to C$50 million, meaning fewer small mergers will require notification.
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Canada's New Competition Rules for Mergers
The Superior Propane Case, a significant leading competition law merger case, is the first case in which the efficiencies defence was successfully relied upon. Its strategic implications for Canadian businesses are significant.
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Canada Customs Imports Administrative Monetary Penalties
On October 7, 2002, the AMPS provisions applicable to commercial importers, exporters, customs brokers, carriers, freight forwarders and customs warehouse operators came into effect.
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Media Highlights
The Renaissance of Competition Class Actions
Sylvie Rodrigue and Michael Brown, partners in the Litigation Group, comment in Lexpert on the rise of competition class actions in Canada.
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Foreign Buyers Eye Canadian Opportunities
Denis Gascon, co-chair of our Competition / Antitrust team, is featured in The Globe and Mail's M&A supplement, discussing the foreign investment landscape in Canada.
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Concurrence: l'ouverture plutôt que les restrictions
Thierry Dorval talks to La Presse about the Competition Policy Review Panel's report released June 26, 2008.
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Ogilvy Renault Partner Dany Assaf Among the World's Leading Competition Lawyers
Dany Assaf, Co-Chair of Ogilvy Renault's Competition/Antitrust team, has been recognized as one of the world's top 40 competition lawyers under 40 by the Global Competition Review.
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Breaking the Foreign Investment Taboo
Dany Assaf wrote an op-ed in the Globe and Mail discussing the recent decision by the federal government to reject a bid by Alliant Techsystems Inc. to acquire MacDonald Dettwiler and Associates Ltd.
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À classer « dans le dossier des exceptions »
Denis Gascon gives his comments to La Presse on Industry Minister Jim Prentice's decision to veto a transaction that would have put the Radarstat and Canadarm programs into the hands of American interests.
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Dany Assaf Featured on Lexpert's October Cover
Toronto - Dany Assaf, a partner in Ogilvy Renault's Business Law Group, is featured on this month's cover of Lexpert magazine.
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Ogilvy Renault Acting for Alcan in US$38.1B Deal with Rio Tinto
When it comes to Canada's biggest deals, Ogilvy Renault LLP is there. Our firm is representing Alcan on the US$38.1 billion offer of acquisition by Rio Tinto.
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Domtar to sell its forest products business for approximately CDN$285 million
Domtar Corporation announced that it has entered into an agreement for the sale of its forest products business to the newly created Conifex Inc. for approximately CDN$285 million including an estimated CDN$50 million of working capital.
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Ogilvy Renault represents Bowater Incorporated in merger with Abitibi-Consolidated Inc.
Ogilvy Renault, LLP acted as Canadian legal adviser to Bowater Incorporated (NYSE: BOW) in connection with its merger of equals with Abitibi-Consolidated Inc.
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