GCR 100 - 18th Edition

Goodmans LLP

Professional notice

Canada

This year Goodmans levels up to our highly recommended bracket, having first appeared on the map in 2014 when former Competition Bureau chief Calvin Goldman QC joined the firm from Blakes along with competition and technology pro Richard Corley. Goodmans is also home to Howard Wetston QC, a counsel at the firm who happens to be a Canadian senator and former competition commissioner, and partner Richard Annan who spent 22 years at the competition bureau – part of that time as the assistant deputy commissioner responsible for the mergers branch. It’s no wonder the firm’s ability to attract high-profile and contentious work has blossomed in just a few years. The core competition team includes a total of four partners, two counsel and two associates, although eight partners and 12 other lawyers are also part of the practice group. The team is thriving with an eclectic and challenging caseload of work: Goodmans represents Simon & Schuster in Canada’s ebooks case, and the Vancouver Airport Authority in its defence of a high-profile application brought by the competition commissioner alleging anticompetitive conduct in in-flight catering services.

The firm also defended electronics company Fujikura in connection with a proposed class action relating to wire harness auto parts; the Bank of Tokyo Mitsubishi in a forex class action; and car website Trade Corporation, which fended off an accusation by rival CarGurus of refusing to supply listings data when the tribunal denied leave to bring a claim. While other clients keep the team busy with a string of behavioural cases, those are strictly confidential. Deal-wise, the firm acted for Spectra Energy in its high-profile C$37 billion tie-up with energy infrastructure company Enbridge; uniform maker Cintas when it bought G&K Services; 7-Eleven, a convenience store brand that purchased 144 retail gasoline sites from Imperial Oil; Leadon Investment in its acquisition of SilverBirch Hotels & Resorts; and Cott, in a proposed sale of its beverage manufacturing business to Refresco.

Goodmans is internationally recognized as one of Canada’s pre-eminent business law firms with market leading expertise in M&A, corporate finance, competition, antitrust and foreign investment, real estate, tax, litigation and other business-related specialities.

Our competition lawyers represent some of the highest-profile corporations in Canada, in industries as diverse as transportation, finance, manufacturing, retail, real estate, telecommunications, broadcasting, media and entertainment, technology, publishing, healthcare, forestry and natural resources.  With the Canadian Competition Bureau’s more active stance in its review of strategic mergers, Goodmans can provide guidance and advice in the merger review process.

We have extensive experience advising on foreign investment under the Investment Canada Act, including issues involving national security and acquisitions by state-owned enterprises, areas of increasing importance in multijurisdictional mergers.

In addition to merger reviews, we regularly advise and represent clients in contentious matters relating to the criminal and civil provisions of the Competition Act, including conspiracy, abuse of dominance, cartels, resale price maintenance, refusal to deal, deceptive marketing practices and other civil reviewable matters. We also have significant experience representing defendants in many of the leading class action cases in Canada and in the Canadian component of multi-national class actions. 

With a team philosophy grounded in problem-solving, high energy, and attention to client interests, our group knows how to resolve issues efficiently and with confidence. Goodmans has the only Competition team featuring two former Commissioners of the Canadian Competition Bureau, a former Assistant Deputy Commissioner of Competition and a former counsel to the Canadian Radio-television and Telecommunications Commission.

Members of our competition group also have substantive backgrounds in M&A and litigation, and function as a truly integrated team with our M&A and litigation groups, often advising on the largest and most complex matters in Canada. With a thorough understanding for both our clients’ objectives, and those of regulators, we have a superb ability to resolve issues between the two – all with the goal of successfully closing the deal.

We are currently representing, or have recently represented:

  • Spectra Energy Corp in its combination with Enbridge Inc. for $37 billion in stock.
  • Cintas Corporation in its acquisition of G&K Services, Inc. for US$2.2 billion.
  • Vancouver Airport Authority in its defence of an application brought by the Commissioner of Competition pursuant to the abuse of dominance provisions of the Competition Act.
  • 7-Eleven Inc. and 7-Eleven Canada, Inc. with respect to the review by the Canadian Competition Bureau of the C$885 million acquisition by 7-Eleven of 144 retail gasoline sites and four bare land sites from Imperial Oil Limited.
  • Simon & Schuster Canada in connection with an investigation of alleged anti-competitive conduct involving e-books pricing in Canada.
  • The Bank of Tokyo Mitsubishi UFJ Ltd. and Bank of Tokyo-Mitsubishi UFJ (Canada) in connection with a class action alleging, among other things, that these banks conspired to manipulate prices and supplies of foreign currency on the FX market.
  • Vista Equity Partners in its $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.
  • Leadon Investment Inc. in its acquisition of British Columbia Investment Management Corp.'s Canadian hotel portfolio, SilverBirch Hotels & Resorts, for $1.1 billion.
  • Cott Corporation in the US$1.25 billion sale of its traditional beverage manufacturing business to Refresco.
  • Miller McAsphalt Corporation in its merger with Colas to create one of the leading construction and transportation infrastructure businesses.
  • Trader Corp. in successfully opposing a competitor’s unsuccessful application for leave to the Competition Tribunal to commence proceedings pursuant to Sections 75, 76 and 77 of the Competition Act, and associated appeal to the Federal Court of Appeal therefrom.
  • Comwave, a medium-sized telecommunications carrier in connection with a formal inquiry under Section 74 (misrepresentation) provision of the Competition Act for allegedly deceptive marketing claims about the costs and limitations of their Internet and home phone services.

CANADA

Goodmans LLP

Bay Adelaide Centre

333 Bay Street, Suite 3400

Toronto, Ontario  M5H 2S7

Calvin S. Goldman, QC, Chair

Competition, Antitrust and Foreign Investment Group

E: [email protected]

Richard Annan, Counsel

Competition, Antitrust and Foreign Investment Group

E: [email protected]

Michael Koch, Partner

Competition, Antitrust and Foreign Investment Group

E: [email protected]

Visit our website:  www.goodmans.ca

Get unlimited access to all Global Competition Review content