Professional notice
Canada
Partner David Rosner chairs the competition practice at GOODMANS. They lead a team that counts three other partners, including Michael Koch, Julie Rosenthal and Monique McAlister, as well as two associates.
Rosner led the team that advised Onex on its €3.4 billion acquisition of Canada’s second largest airline WestJet, obtaining approvals from the Competition Bureau, the Canadian Transportation Agency and the Minister of Transport, while also coordinating other merger control approvals outside Canada. The firm also led Cineplex’s efforts in obtaining a series of inter-related regulatory approvals for its €1.7 billion sale to Cineworld Group – Canada’s largest cinema chain. In non-merger work, Goodmans successfully defended the Vancouver Airport Authority against the Bureau’s allegations of abuse of dominance over in-flight catering services. The Bureau accused the Authority of preventing new in-flight caterers from entering the market for loading and unloading products to and from commercial aircraft. In October 2019, the Competition Tribunal dismissed the case in its entirety and awarded Vancouver Airport Authority more than €640,000 in legal costs, finding the airport had a valid business justification for not licensing additional caterers.
Goodmans houses a leading Canadian competition and foreign investment law practice that provides strategic advice to an international and Canadian client base.
The Goodmans team has deep and broad experience, which comes from its members having held senior positions at important Canadian government agencies – the team includes a former Commissioner of the Competition Bureau – and from extensive work undertaken outside Canada, and together with global law firms. We help translate the latest competition law developments – whether in Canada or abroad – into strategic advantages for our clients.
A significant portion of the team’s work is devoted to securing clearance under the Competition Act for large international and domestic mergers. This includes clearances for many complex mergers that are subject to in-depth or “Phase II” investigations (including compliance with supplementary information requests). The team also has extensive experience obtaining approval for foreign clients acquiring large Canadian companies under the Investment Canada Act (a law regulating foreign investment in Canada), including in cases involving national security and acquisitions by state-owned enterprises.
In addition to securing merger clearances, the team continues to be at the forefront of high-profile competition litigation matters in Canada. We regularly represent clients in contentious matters relating to the criminal and civil provisions of the Competition Act, including cartels and abuse of dominance matters. We also have significant experience representing defendants in competition law class action cases, including the Canadian component of multinational class actions.
Recent and current representations include:
- Onex Corporation on the Competition Act and Canada Transportation Act approvals for its proposed C$5 billion acquisition of WestJet Airlines Ltd (ongoing);
- Newmont Corporation on the Competition Act and the Investment Canada Act approval for its US$10 billion merger with Goldcorp;
- Altria on the Investment Canada Act approval for its C$2.4 billion investment in Cronos Group;
- Essilor International on the Competition Act approval for its €46 billion combination with Luxottica Group;
- Linamar Corporation in the Competition Act approval for its C$1.2 billion acquisition of the MacDon Group of Companies;
- Henkel AG & Co in the Competition Act approval for its US$3.6 billion acquisition of The Sun Products Corporation;
- Metro Vancouver with respect to a competition law investigation conducted by the Competition Bureau concerning regulation of solid waste;
- Spectra Energy Corp in its combination with Enbridge for C$37 billion in stock;
- Vancouver Airport Authority in the defence of abuse of dominance litigation brought by the Commissioner of Competition;
- Vista Equity Partners in its C$4.8 billion acquisition of DH Corporation and its combination of D+H with its portfolio company Misys, creating “Finastra”, a new global fintech leader;
- Cintas Corporation in its US$2.2 billion acquisition of G&K Services;
- Miller McAsphalt Corporation in its merger with Colas, a diversified international construction company; and
- Uber Canada and related companies in the defence of a class action alleging an unlawful price-fixing conspiracy between Uber and its driver-partners.
Key Contacts
Calvin S Goldman, QC, chair
[email protected]
Michael Koch
[email protected]
David Rosner
[email protected]
Julie Rosenthal
[email protected]
Visit our website: www.goodmans.ca