Torys is recognized nationally and internationally as having one of Canada’s leading competition law practices. Our team of corporate and litigation lawyers advise clients on all aspects of competition law, including
• mergers
• cartels
• abuse of dominance and other reviewable matters
• litigation
• marketing and distribution
• compliance
Mergers
Torys’ competition lawyers are recognized for their expertise in complex merger matters. We take a practical, business-oriented approach to merger work and address merger issues in a manner best designed to achieve our clients’ overall business objectives.
We represent parties to the most high-profile and challenging Canadian and international merger transactions. Recent matters include those listed below.
• Thomson on its merger with Reuters
• CTVglobemedia on its acquisition of CHUM
• Saskatchewan Wheat Pool on its hostile takeover of Agricore United
• Hindalco on its acquisition of Novelis
• Algoma Steel on its sale to Essar
We have successfully negotiated the merger notification and review process for clients in most major industries, including agriculture, aluminum, automotive, banking, financial services, insurance, mining, new media, oil and gas, professional services, pulp and paper, radio and television broadcasting, real estate, securities, steel, telecommunications and transportation.
Cartels
Torys has represented numerous domestic and international businesses and individuals in connection with cartel investigations by the Canadian Competition Bureau. Major investigations and related class actions in which we have recently been involved include air cargo, cathode ray tubes, fine paper, graphite electrodes, rubber chemicals, SRAM/DRAM and motion pictures. Our competition lawyers also have extensive experience with the bureau’s immunity program and leniency policies, which allow businesses to cooperate with a bureau investigation in exchange for immunity from prosecution or lenient treatment.
Abuse of Dominance and Other Reviewable Matters
We advise clients on the antitrust implications of a variety of business practices, including abuse of dominance and other reviewable matters. Our group members have also been involved in numerous abuse of dominance investigations in recent years.
Litigation
Torys has one of Canada’s leading competition/antitrust litigation practices. We represent national and international companies, individual defendants and trade associations in connection with criminal antitrust investigations and prosecutions, and we have successfully represented defendants against charges of anticompetitive conduct at trial. We are playing a leading role in the developing area of follow-on class action litigation, having successfully represented defendants in resisting certification in the only contested proceedings in Canada to date. Our competition litigators appear frequently before provincial courts of all levels, the Federal Court and the Supreme Court of Canada, as well as before the Competition Tribunal.
Marketing and Distribution
We advise clients in their marketing, distribution and supply arrangements, and we perform reviews of advertising materials for legal compliance. We also advise clients on a variety of promotional initiatives, such as contests. We have particular expertise in the regulated products sector (e.g., pharmaceuticals, medical devices, foods and cosmetics), which enables us to provide comprehensive advice concerning pricing issues under competition legislation.
Compliance
We advise businesses and trade associations on antitrust compliance issues, including the design and implementation of effective antitrust compliance programs.
Legislation and Policy
Torys’ antitrust lawyers have been active in the consultation process preceding each round of amendments to the Competition Act, and we played a leading role in shaping the current merger notification regime in Canada. We have also playing an active role in the development of international competition policy as non-governmental advisers to the International Competition Network (ICN) and the Canadian Competition Bureau, the current chair of the ICN.
United States
In the United States, we have represented clients in civil investigations, Hart-Scott-Rodino filings and second requests, and other proceedings at the Federal Trade Commission and the Antitrust Division of the Department of Justice. Our litigators have represented clients in cases involving allegations of price-fixing, bid-rigging, tying, monopolization and other antitrust claims.