Casey W. Halladay Partner Toronto Tel : 416.865.7052 Fax : 416.865.7048 Email : casey.halladay@mcmillan.ca VCard :

Casey is an international business lawyer whose practice covers all areas of competition law and antitrust, including merger clearance, cartel defence and private antitrust litigation. He has earned a diverse range of experience in this field, having practiced with leading law firms in Toronto, Washington and London. He has been selected for the leadership of both the American Bar Association and Canadian Bar Association competition law sections, and is recognized as a leading practitioner by numerous publications, including:

• Chambers Global 2013 — described as "a rising star in the Canadian competition circle […] his understanding of competition law is encyclopaedic, but at the same time he is pragmatic and very business-oriented"
• The International Who's Who of Competition Lawyers & Economists 2013
• The LEXPERT 2013 Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada — named a "Corporate Lawyer to Watch"
• Global Competition Review, Top 40 Competition Lawyers in the World Under 40 — selected from among more than 1,000 nominees worldwide
• The Canadian Legal LEXPERT Directory, Rising Stars Top 40 Lawyers in Canada Under 40

Significant matters in which he has been involved include:

Merger Clearance: Securing regulatory approval of numerous M&A transactions before the Canadian Competition Bureau, the US Federal Trade Commission, the European Commission and the UK Office of Fair Trading. Notable transactions in which he has been involved include:

• American Airlines/US Airways, CF/Viterra, WESCO/EECOL, BHP/Potash, ABB/Baldor, The Coca-Cola Company/Coca-Cola Enterprises, Schlumberger/Smith, Oracle/PeopleSoft, Carnival/Princess, Bertelsmann/Zomba, and Chevron/Texaco (Canadian clearances);
• Alcoa/Alcan (proposed), SFR/Télé2, Deutsche Börse/Euronext (proposed), Alcoa/Orkla (ECMR reviews);
• Alcatel/Lucent (USA); 3M/Biotrace (UK); and
• Co-ordinating international merger clearances in numerous transactions before the national competition authorities of Austria, Brazil, China, Germany, Greece, Italy and Poland.

Cartels and Multilateral Conduct: Advising and defending companies, and individual executives, on all aspects of cartel and other multilateral conduct including responding to searches and "dawn raids", negotiating and securing amnesty or leniency, co-operating with ongoing cartel investigations, and contesting allegations of misconduct before the courts. Particular experience includes:

• Representing alleged cartel participants in the Competition Bureau investigations into the auto lighting, auto parts, automobile shipping, fine arts auction, fine paper, LIBOR, packaged chlorine, polychloroprene, polyester staple fibre, rubber chemicals, and semiconductor packaging sectors;
• Successfully defending a corporation and individual executive in a two-year criminal bid-rigging prosecution in Canada, winning dismissal of all charges on appeal to the Ontario Superior Court (R. v. Rowe et al, 29 C.P.R. (4th) 525);
• Advising an industry participant on the UK and EC investigations into the payment cards industry; and
• Representing an amnesty applicant in the US Department of Justice investigation into the container shipping sector.

Mr. Halladay also routinely defends clients in class action litigation in respect of alleged cartel conduct, including current retainers in the aftermarket auto lighting, auto parts, and optical disk drive (ODD) class actions.

Abuse and Unilateral Conduct: Advising potentially dominant companies on unilateral conduct issues relating to pricing, discounting, loyalty schemes, rebates, tying, bundling, and exclusive distribution arrangements. In addition to counselling clients on the day-to-day application of the abuse laws to their business practices, Mr. Halladay has represented Paramount Pictures in the Competition Bureau's investigation into the motion picture exhibition and distribution industry, and represented British Airways plc in the UK Office of Fair Trading's investigation of BA's corporate rebating policies. Both investigations were abandoned by the regulators without any adverse findings against these clients.

Mr. Halladay has prepared tailored antitrust compliance programs for clients in Canada, the United States, and Europe. He also assists offshore clients in securing approval of their Canadian transactions under the Investment Canada Act, Canada's foreign investment review regime. He publishes regularly in the fields of competition and corporate law.

Mr. Halladay earned his LLB, summa cum laude, from the University of Ottawa and his LLM from the Harvard Law School, where his LLM paper on competitor collaborations under the US Sherman Act was chosen as a finalist in the international Swope Antitrust Writing Competition. He also holds undergraduate and graduate degrees in history.

A native speaker of English, Mr. Halladay also speaks Italian and French, and has a conversational grasp of Russian and Bulgarian. He is a member of the Bars of Ontario, New York, and England and Wales.

March 2013 Protecting Brand-Specific Investments in Canadian Distribution New York State Bar Association Conference

December 2012 Cartel Enforcement in Russia and Ukraine American Bar Association Teleseminar

August 2012 no connection? no problem! Canada's Competition Bureau flexes its jurisdictional muscles competition bulletin

July 2012 The Origins of Canada's Cartel Laws 25:1 Canadian Competition Law Review (2012)