Torys LLP
Toronto416.865.0040 New York212.880.6000 Calgary403.776.3700 Montréal514.868.5600
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Practice Areas and Industry Groups

Competition and Antitrust 

Torys’ competition lawyers are individually regarded as among Canada’s leading lawyers, with recognition in Chambers & Partners’ Chambers Global: World’s Leading Lawyers for Business.

Torys is internationally recognized as having one of Canada's leading competition law practices. Our team advises clients on all aspects of competition law, including

  • complex merger review
  • cartel investigations and follow-on class actions
  • abuse of dominance and other reviewable matters
  • antitrust litigation
  • marketing and distribution
  • compliance


We represent parties to some of the most high-profile and challenging Canadian and international merger transactions, and leading cartel and abuse of dominance investigations and class actions.


Mergers

Torys is recognized for its 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’ business objectives.

Recent matters include representing

  • Viterra on its acquisition by Glencore International
  • TMX Group on its acquisition by Maple Group
  • Alliance Films on its acquisition by Entertainment One
  • Bank of Nova Scotia on its acquisition of ING Canada
  • TD Bank on its acquisition of Chrysler Financial
  • International Petroleum Investment Corporation on its acquisition of NOVA Chemicals
  • Thomson on its merger with Reuters


We have successfully negotiated the merger notification and review process for clients in most major industries, including agriculture, automotive, banking, financial services, insurance, metals, mining, new media, petrochemicals, professional services, pulp and paper, radio and television broadcasting, real estate, securities, 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. We 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 regarding pricing issues.


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’ competition lawyers have been active in the consultation process preceding each round of amendments to the Competition Act. We also play 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.


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.