GCR 100 2021



Professional notice


Partners Huy Do and Antonio Di Domenico co-head FASKEN MARTINEAU DUMOULIN’s competition group, which has moved up into our highly recommended band after bulking up its portfolio of complex deals and unilateral conduct cases. The antitrust team includes five partners, two counsel, two associates and former Competition Bureau head John Pecman as a senior business advisor.

Do and Di Domenico lead the team advising Air Transat, Canada’s third-largest airline, on its sale to Air Canada – a complex deal that is subject to clearance in multiple jurisdictions as well as a public interest review under the Canada Transportation Act. The firm acts for chemicals company BASF Canada in the Bureau’s investigation scrutinising its alleged abuse of dominance and refusal to deal in the agricultural industry. Fasken is also guiding online travel company FlightHub in the Bureau’s investigation into alleged deceptive marketing practices.

South Africa

Neil MacKenzie has led FASKEN MARTINEAU DUMOULIN’s competition practice since 2018, which includes two other partners and one associate. The firm represents Nomura International in the Forex cartel probe and advises building materials company LafargeHolcim in ongoing litigation between the commission and cement company NPC-Cimpor, which is the only respondent not to settle with the commission in relation to its Cement cartel investigation. The group also advised the South African Property Owners Association in the commission’s market enquiry into the grocery retail sector. In merger control, the team is steering Globeleq Africa’s deal with Brookfield in the renewable energy sector. It is also assisting the South African Petroleum Industry Association in obtaining exemptions from competition law for a range of activities related to South Africa’s national liquid fuels supply chain.

The Fasken Competition, Marketing & Foreign Investment Law group is widely acknowledged as one of the leading practices in Canada and South Africa.

Our integrated team advises on all aspects of competition law, marketing and foreign investment law and continues to be involved in many of the most significant competition law, marketing and foreign investment matters in Canada and South Africa. Fasken is frequently retained by domestic and international companies and by international law firms to provide strategic counsel and representation in merger reviews, foreign investment and national security reviews, criminal cartel matters, advertising and marketing and consumer protection practices, abuse of dominance and other competition matters. Our team includes more former enforcers than any other Canadian law firm, including the most recent former Commissioner of Competition, former Department of Justice prosecutors, former Competition Bureau senior officials and a former national security advisor. With this vast experience and insight, we effectively assesses regulatory risk at an early stage and navigate strategies to secure regulatory clearance or alleviate the need for regulatory enforcement. Where necessary, our team vigorously and effectively defends regulatory enforcement and litigation.

Fasken regularly acts for clients on multi-jurisdictional transactions and criminal and civil investigations where coordination among counsel and agencies around the world is of particular importance. We also consistently represent clients in leading competition litigation matters, including class proceedings, abuse of dominance, deceptive marketing and consumer protection practices and contentious mergers. Our team has extensive trial and appellate experience in competition matters, having appeared as counsel before competition tribunals and all levels of courts in Canada and South Africa.

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