Summary

No matter the nature of your business, anti-trust and competition laws can have far reaching implications. BLG’s Anti-Trust and Competition Law Group can provide you with experienced counsel for a wide range of situations including class actions, mergers, acquisitions, litigation, dominance and marketplace competition and compliance, along with all issues related to the Competition Act.

We can assist you with foreign investment review processes related to the Investment Canada Act and other investment regulations. Our specific expertise includes: 

  • Bilingual advice and representation before the Competition Bureau and the Competition Tribunal, and all civil courts and governmental boards in relation to issues under the Competition Act  and with respect to personal criminal liability under the Act
  • Pre-notification filing preparation for the Competition Bureau and obtaining advisory opinions and advance ruling certificates 
  • Compliance advice and obtaining advisory opinions with respect to trade practices and agreements

We have extensive experience relating to trade practices and advertising, pricing, marketing and distribution policies, as well as advertising, promotional contests, pricing, marketing and distribution practices. We regularly assist clients with private claims for damages that arise from unfair competition. We have also provided counsel to domestic and foreign businesses, non-profit organizations and trade associations in all aspects of competition law.

Publications

  • Russell & Hefler, “Private Antitrust Litigation,” Canada Global Competition Review, The Antitrust Review of the Americas 2013.
  • Russell & Hefler, Competition Law Monograph for the Canadian Society of Association Executives, September 2011.
  • Hefler, Rothschild & Russell, Case commentary on Nadeau – Refusal to Deal, June 2011.
  • Russell & Hefler, “Criminal Prosecution of Cartel Activity: How Canada compares internationally,” Competition 2010, Volume 1.
  • Russell & Hefler, Competition Law Monograph for the Canadian Society of Association Executives, June 2010.
  • Russell & Hefler, “Adverse Enough? Examining the new competitive effects test for civil price maintenance,” Corporate Litigation Journal, Federated Press, March 2010.

    Representative Work

    • As senior competition law counsel, he has acted on both civil and criminal matters under the Canadian Competition Act and has appeared before the Canadian Competition Tribunal on numerous occasions, acting on behalf of the Canadian Competition Commissioner as well as private sector clients.
    • Acted for a number of private sector clients in many of the most significant and complex mergers in Canada during the past two decades including: the $4 billion acquisition of Dome Petroleum by Amoco to form Canada's largest oil producer; the $2.2 billion acquisition of Provigo by Loblaws to create Canada's largest supermarket chain; and more recently the $40 billion acquisition of Compaq by Hewlett-Packard.
    • Acted as Agent of the Attorney-General of Canada and counsel to the Competition Commissioner in a number of matters including CP Containers/Cast North America, Abitibi-Consolidated/Donohue Inc. and Forzani.
    • Has been retained as a special advisor to the Canadian Commissioner of Competition concerning proposed amendments to the Competition Act.
    • Has frequently been invited to appear before a number of Canadian Parliamentary Committees and the Canadian Senate in respect of competition law reform.
    • Has appeared before the Competition Commission in the United Kingdom in respect of the merger of Air Canada and Canadian Airlines.
    • Advising and representing clients with respect to criminal matters under the Competition Act, such as conspiracy, bid-rigging, misleading advertising and price maintenance.

    Rankings & Recognitions

    The Anti-Trust and Competition Law Group or its members are recognized in:

    • The 2018 edition of The Legal 500 Canada.
    • The 2018 edition of Chambers Canada — Canada's Leading Lawyers for Business.
    • The 2018 edition of The Best Lawyers in Canada®.
    • The 2017 edition of Chambers Global — The World's Leading Lawyers for Business.
    • The 2017 edition of Benchmark Canada — The Definitive Guide to Canada's Leading Litigation Firms & Attorneys.
    • The 2017 edition of the Global Competition Review 100.
    • The 2017 edition of the Canadian Legal Lexpert® Directory.
    • The 2016 edition of Who's Who Legal: Canada.
    • The 2016 edition of Who's Who Legal: The International Who's Who of Business Lawyers.