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D. Martin Low, QC
Partner
Toronto
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Ottawa
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Tel :
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416.865.7100
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Fax :
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647.722.6743
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Tel:
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613.232.7171
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Fax:
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613.231.3191
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Professional Experience
Martin Low is a partner in the firm's Competition Group. His practice includes the full range of competition and Canadian business regulation, litigation and advisory work, with a particular focus on Canadian and international cartel, merger, abuse of dominance and marketing and distribution matters.
Prior to joining McMillan, Martin held senior management positions in the Canadian Department of Justice and conducted numerous cases in the Supreme Court of Canada and other appellate Courts. His practice with the Department concentrated on constitutional legal advice and litigation, international trade law, including maritime and aviation law and policy, and human rights law.
From 1995 to 2000, Mr. Low was the Senior General Counsel at the Canadian Competition Bureau. He was responsible for a series of major civil, merger and criminal matters. Mr. Low was the principal lawyer on most of the international cartel prosecutions of the period. These included successful prosecutions for major international price fixing, bid rigging and market allocation conspiracies, the lysine, bulk vitamins, citric acid, sorbates and other food and feed additives and sodium gluconate cases. These prosecutions resulted in 28 corporate and individual convictions and sentences, including the imposition of record fines in excess of $120 million.
On the civil side, Mr. Low's work included the conduct of important abuse of dominance and merger cases in the Competition Tribunal in the debit and credit card, intellectual property and oil and gas sectors (the Interac, Warner, and Ultramar cases). He also led the legal team for the Commissioner of Competition on a number of significant domestic and international mergers, including BAT/Rothmans International, Coca Cola/Cadbury Schweppes, the retail grocery and food services consolidations in 1999 and advice on the events leading to the Air Canada/Canadian merger. Mr. Low also contributed to policy development in his work with the Bureau, including extensive work on the Commissioner of Competition's policy on the confidential information and the Immunity program.
Since joining McMillan in 2000, Mr. Low has worked with clients in all dimensions of competition in Canada, including international and domestic mergers in food processing, paper products, pharmaceuticals and machinery industries. He continues to represent clients in major international cartel investigations, including the air cargo, DRAM and hydrogen peroxide matters and has defended the follow on civil class action claims. He has successfully resolved a number of important matters involving corporate cartel and other criminal and civil exposures, including the representation of Christies' International in the Fine Art Auction matter, Arteva Specialties in the Polyester Staple Inquiry and the successful defence of Univar Canada in a bid-rigging prosecution. He has also provided extensive advice to clients on important telecommunications, transportation and energy matters and he has also worked closely with clients to enhance their competition compliance initiatives. He has written and published extensively and is a frequent speaker in the media and at professional development events dedicated to competition law.
Mr. Low is recommended as a leading practitioner in competition law in Chambers Global Guide, The Martindale-Hubbell Legal Directory, the Best Lawyers in Canada, The International Who's Who of Business Lawyers, Expert Guides (Euromoney) and the Canadian Legal Lexpert Directory. He is the past Chair of the Criminal Matters Committee of the CBA Competition Law Section, and is the Co-Chair of the IBA Leniency Working Group. He is active in the Leadership of the ABA Antitrust Section as the Co-Chair of the Membership and Equal Opportunity Committee and a member of the ABA Cartels Outreach Working Group. He has been the Past Vice-Chair of the Criminal Practice and Procedure and the Past Vice-Chair of the Transportation Industry Committees of the ABA's Antitrust Section.
Mr. Low is also the National Pro Bono Partner at McMillan.
publications and presentations
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- advertising and marketing
- aviation
- competition/antitrust
- public policy and government relations
- Canadian Bar Association: Past Chair, Criminal Matters Committee
- American Bar Association
- Past Vice-Chair, Criminal Practice and Procedure Committee
- Vice-Chair, Transportation Industry Committee
- International Cartel Task Force
- Task Force on International Information Sharing
- Task Force on Attorney-Client Privilege
- Co-Chair of the Membership and Equal Opportunity Committee
- International Bar Association: Co-Chair Leniency Working Group
Appointed Queens Counsel
- 1988
Called to the Ontario bar
- 1974
Cambridge University, LLM and Diploma in International Law
- 1972
University of Toronto, LLB
- 1970
Hague Academy of International Law, Diploma,
- 1969
University of Toronto, BA
- 1967
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