Dr. A. Neil Campbell 

Co-Chair, Competition and Trade
Toronto  t: 416.865.7025  |  e: neil.campbell@mcmillan.ca

Dr. A. Neil Campbell

Toronto
Brookfield Place, Suite 4400
181 Bay Street
Toronto, Ontario M5J 2T3

t: 416.865.7025
e: neil.campbell@mcmillan.ca

overview

  • Co-Chair of the Competition and International Trade Law Groups and partner in the Energy Law Group. Member of the firm's Board of Partners, 2001–2007.
  • Competition law experience — over 300 merger clearances under the Competition Act and/or the Investment Canada Act; over 25 major cartel cases and/or related class actions; multiple abuse of dominance and other unilateral conduct investigations and proceedings; and advising on marketing, distribution, grey marketing, joint venture and compliance issues.
  • Trade law experience — anti-dumping and subsidy proceedings; NAFTA, WTO, Internal Trade Agreement and government procurement matters; export/import controls; trade sanctions including Cuba and other issues under the Foreign Extraterritorial Measures Act; foreign corrupt practices (the Corruption of Foreign Public Officials Act); and investor-state disputes under NAFTA and bilateral investment treaties.
  • Energy law experience — electricity market issues including in relation to generation, loads, renewables / conservation, procurement contracts, imports / exports and regulatory matters; as well as competition and foreign investment issues in the oil and gas sector.
  • Extensive experience in regulated industries including financial services, energy, broadcast / telecom and transportation. 
  • Represented clients in matters before the Federal, Ontario and British Columbia courts as well as the Competition Tribunal, Canadian International Trade Tribunal and numerous regulatory / enforcement agencies.
  • Public policy experience — submissions to Canadian parliamentary committees and government agencies as counsel to the Competition Policy Group; co-founder and principal author of over 30 Merger Streamlining Group submissions to governmental authorities in respect of compliance with the ICN Recommended Practices for Merger Notification and Review Procedures; co-author or coordinator for multiple CBA Competition Section, ABA Antitrust Section and IBA Antitrust Committee working group comments to agencies and governments.

Representative Matters

  • Numerous merger cases involving phase two investigations or negotiated remedies (including the Novartis / Alcon, Coca-Cola Company / Coca-Cola Enterprises and Transcontinental / Quebecor consent agreements)
  • Various proceedings before the Competition Tribunal including Ultramar / Coastal (merger), AIM / SNF (merger injunction), UCDA v. IBC (refusal to supply and price maintenance), Paradise Pharmacy v. Novartis (refusal to supply) and DIR v. Air Canada ("Gemini" contested variation proceeding)
  • Major domestic and international cartel proceedings and related class actions including vitamins (BASF) rubber chemicals and related products (Crompton), air cargo (Air France and KLM), retail gasoline in Quebec (Olco), wire harnesses (Sumitomo Electric), optical disc drives (Philips and Lite-On), and chocolate confectionery (Hershey)
  • Counsel to parties in various dumping and subsidy proceedings before the CBSA and/or CITT including in the Carbon Steel Plate (VII), Copper Tubing, Grain Corn and Major Appliances cases
  • Reduced a C$33 million levy of civil ascertained forfeiture penalties in an export controls case to C$25,000 (CBSA v. Leblanc and Lafrance) and settled related criminal proceedings
  • Settled a threatened prosecution of a chemical company for violations of export controls related to dual-use products without financial penalty
  • Represented the auto sector (both industry associations and their members) in the Ethyl (MMT) NAFTA and related proceedings
  • Counsel to the Canadian Radio-Television and Telecommunications Commission (CRTC) on the foreign ownership reviews for the Canwest / Alliance Atlantis and proposed BCE Privatization transactions
  • Counsel to the Commissioner of Competition on the review of BHP Billiton / Potash Corporation of Saskatchewan
  • Member of the Competition Bureau's External Working Group on Reform of the Conspiracy Offence
  • Member of the Regulatory Issues Advisory Group for the federal government's Payment Systems Task Force
  • As Chair of the Ontario Energy Board (OEB) Market Surveillance Panel, conducted investigations involving alleged abuses of market power and gaming and issued 12 semi-annual reports on the operation of the wholesale electricity market
  • Counsel to the Independent Electricity System Operator (IESO) on the development of its General Conduct Rule

Presentations

Bringing and Defending Class Actions: 10 Things Plantiffs' and Defense Counsel Need to Know
Anti-Dumping and Countervailing Measures for Solar in Canada: Processes, Timelines and Implications of an Investigation
The interface of competition policy and enforcement with industry-specific regulation

Publications

Seven McMillan lawyers appear in Lexpert's Special Edition on Canada's Leading Litigation Lawyers 2016
Foreign Corruption: Canada's Top Court Shields Top Bank and Whistleblowers
2016 Canadian Merger Notification Threshold Increases
Getting the Deal Through - Merger Control 2016, Canada chapter
The Impact of New Transatlantic Trade Agreements on Commercial and Investment Transactions
Holding Some Separate and Scrambling the Rest: The Competition Tribunal's Split Decision on a Retail Gasoline Merger Injunction
Cartel Regulation 2015, Canada Chapter
For Better or Worse? Canada Updates Procurement Integrity Regime
Changes to Investment Canada Act Thresholds, Filing Requirements, and National Security Review Thresholds
UPDATED: Canada Expands Economic Sanctions and Targets Russian Energy Sector
Canadian Merger Notification Thresholds Increased
Getting the Deal Through - Merger Control 2015, Canada chapter
Hitting 'Em Where it Hurts: Canada Targets Russian Energy Sector in Latest Round of Economic Sanctions
Le Projet de loi no 26 : une approche novatrice pour récupérer les sommes dont les contribuables ont été privés par les fraudes ou manœuvres dolosives dans le cadre de contrats publics
Competition Act Amendments to Address "Unjustified" Canada-US Price Discrimination
Federal Government Tightens Procurement Integrity Provisions
Group Buying - A Canadian Case Study
Ontario's Long-Term Energy Plan, 2013: "Achieving Balance" Through Clean Energy, Conservation & Innovation
Supreme Court of Canada trilogy holds that indirect purchasers may advance class action for recovery of unlawful price-fixing
Canada's first rejection of an investment on national security grounds
Foreign Corrupt Practices - The Growth and Limitations of Canadian Enforcement Activity
Ontario Energy Board's power to order restitution confirmed
Changes to Investment Canada Act implemented
Corporate directors beware — Canada passes tough amendments to anti-corruption legislation
Court of Appeal dismisses conspiracy claim against joint purchasers
"Calling All Whistleblowers" – the Competition Bureau's newest cartel-busting initiative
Canada proceeds with promised changes to foreign investment review
Canada Gets Tough on Foreign Corrupt Practices
Cooperating Firm Agrees to Penalty Equal to 5 Times the Amount of Foreign Bribe
Competition and Foreign Investment Reviews of Asian Investments into Canada
Canada makes changes to Investment Canada regime
Leniency applicants now debarred from federal procurement
Canada continues to welcome foreign investment with Investment Canada Act changes
New abuse of dominance enforcement guidelines
More abuse?: the Competition Bureau proposes revised guidelines on abuse of dominant market position
Foreign corruption compliance: should you have an anti-bribery compliance program?
Canada and China conclude major investment treaty negotiations
The Canadian approach to 'passing on' and indirect purchaser claims
The Evolution of Amnesty and Leniency in Canadian Cartel Enforcement
A New Era for Canadian Cartel Enforcement

Education

  • University of Toronto, SJD (competition and trade law) (Governor General's Medal; study of Canada's merger review system won the Alan Marks Medal for best graduate thesis) - 1993
  • Osgoode Hall Law School, LLB (gold medalist and Governor General's Medal) - 1989
  • York University (Schulich School of Business), MBA (Accounting and Public Administration) (gold medalist) - 1989
  • Certified Management Accountant (national gold medalist) - 1988
  • University of Western Ontario (Ivey Business School), HBA (gold medalist) - 1982

Year Of Call

  • Called to the Ontario bar - 1991

Practices

competition policy advocacy
competition and antitrust
cartels
mergers
foreign investment review
unilateral conduct and distribution practices
international trade
anti-corruption and fraud
government procurement

Industries

energy
food, beverage and agribusiness
electricity and utilities
transportation
life sciences
media, communications and entertainment

Directorships and Professional Associations

  • Canadian Bar Association – member of the Competition Law Section and the International Law Section; Chair of the Foreign Investment Review Committee (2015 - present)
  • American Bar Association – member of the Section of Antitrust Law; member of its International Task Force (2008 - present)
  • International Bar Association – Past-chair of the Antitrust Committee (2010-2011); Co-chair of its Merger Working Group (2012 - present); member of the Legal Practice Division Council (2013 - present) 
  • Non-governmental advisor to the International Competition Network
  • Member of the CD Howe Institute's Competition Policy Council
  • Member of the Antitrust and Trade Regulation Report editorial board
  • Member of the editorial advisory board of the IBA's Business Law International journal
  • Global Coordinating Editor for Cartel Regulation (2014 - present) (Getting the Deal Through / Law Business Research)

Teaching Engagements

  • Osgoode Professional Development, Osgoode Hall Law School, York University - Competition Law & Policy, November 2015
  • Taught at the University of Western Ontario (Ivey Business School), York University (Atkinson College), University of Toronto (Faculty of Law) and Osgoode Hall Law School (part-time LL.M. program)

Community Involvement

  • Volunteer for The Healing Cycling Foundation, which raises money to support hospice palliative care (personally raised over $50,000 in annual cycling ride donations)

Awards & Rankings

  • Named in Lexpert's Special Edition Report on Canada's Leading Litigation Lawyers 2016
  • Ranked as by Best Lawyers in Canada 2017 as a leading lawyer in the areas of Competition/Antitrust and International Trade and Finance Law
  • Ranked by Chambers Canada 2017 as a leading lawyer in the areas of Competition/Antitrust and Competition/Antitrust: Investment
  • Named Global Competition Review's 2016 Dealmaker of the Year
  • Ranked as the leading competition lawyer in the Who's Who Legal: Canada 2016
  • Ranked by Chambers Global 2016 as a leading lawyer in the areas of Competition/Antitrust and Competition/Antitrust: Investment Canada
  • Recognized by Lexpert in the Report on Business Magazine 2015 as one of Canada's leading litigation lawyers
  • Ranked as the leading competition lawyer in Canada and one of the world's top 20 competition lawyers in the Who's Who of International Competition Lawyers 2014
  • Band 1 ranking in Chambers Global for Competition Law and for Investment Canada matters
  • Listed as a leading trade lawyer in Euromoney's International Expert Guides - The World's Finest Lawyers Chosen by Their Peers - International Trade Lawyers
  • Recognized by Lexpert in the Report on Business Magazine 2014 as one of Canada's leading energy lawyers
  • Named as a leading lawyer in Who's Who Legal: Competition, Practical Law Company (PLC) Which Lawyer, The Legal 500, Lexpert, The Lexpert Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada, The Lexpert / American Lawyer Guide to the Leading 500 Lawyers in Canada and other directories

Media Mentions

vcard
  • Co-Chair of the Competition and International Trade Law Groups and partner in the Energy Law Group. Member of the firm's Board of Partners, 2001–2007.
  • Competition law experience — over 300 merger clearances under the Competition Act and/or the Investment Canada Act; over 25 major cartel cases and/or related class actions; multiple abuse of dominance and other unilateral conduct investigations and proceedings; and advising on marketing, distribution, grey marketing, joint venture and compliance issues.
  • Trade law experience — anti-dumping and subsidy proceedings; NAFTA, WTO, Internal Trade Agreement and government procurement matters; export/import controls; trade sanctions including Cuba and other issues under the Foreign Extraterritorial Measures Act; foreign corrupt practices (the Corruption of Foreign Public Officials Act); and investor-state disputes under NAFTA and bilateral investment treaties.
  • Energy law experience — electricity market issues including in relation to generation, loads, renewables / conservation, procurement contracts, imports / exports and regulatory matters; as well as competition and foreign investment issues in the oil and gas sector.
  • Extensive experience in regulated industries including financial services, energy, broadcast / telecom and transportation. 
  • Represented clients in matters before the Federal, Ontario and British Columbia courts as well as the Competition Tribunal, Canadian International Trade Tribunal and numerous regulatory / enforcement agencies.
  • Public policy experience — submissions to Canadian parliamentary committees and government agencies as counsel to the Competition Policy Group; co-founder and principal author of over 30 Merger Streamlining Group submissions to governmental authorities in respect of compliance with the ICN Recommended Practices for Merger Notification and Review Procedures; co-author or coordinator for multiple CBA Competition Section, ABA Antitrust Section and IBA Antitrust Committee working group comments to agencies and governments.
  • Numerous merger cases involving phase two investigations or negotiated remedies (including the Novartis / Alcon, Coca-Cola Company / Coca-Cola Enterprises and Transcontinental / Quebecor consent agreements)
  • Various proceedings before the Competition Tribunal including Ultramar / Coastal (merger), AIM / SNF (merger injunction), UCDA v. IBC (refusal to supply and price maintenance), Paradise Pharmacy v. Novartis (refusal to supply) and DIR v. Air Canada ("Gemini" contested variation proceeding)
  • Major domestic and international cartel proceedings and related class actions including vitamins (BASF) rubber chemicals and related products (Crompton), air cargo (Air France and KLM), retail gasoline in Quebec (Olco), wire harnesses (Sumitomo Electric), optical disc drives (Philips and Lite-On), and chocolate confectionery (Hershey)
  • Counsel to parties in various dumping and subsidy proceedings before the CBSA and/or CITT including in the Carbon Steel Plate (VII), Copper Tubing, Grain Corn and Major Appliances cases
  • Reduced a C$33 million levy of civil ascertained forfeiture penalties in an export controls case to C$25,000 (CBSA v. Leblanc and Lafrance) and settled related criminal proceedings
  • Settled a threatened prosecution of a chemical company for violations of export controls related to dual-use products without financial penalty
  • Represented the auto sector (both industry associations and their members) in the Ethyl (MMT) NAFTA and related proceedings
  • Counsel to the Canadian Radio-Television and Telecommunications Commission (CRTC) on the foreign ownership reviews for the Canwest / Alliance Atlantis and proposed BCE Privatization transactions
  • Counsel to the Commissioner of Competition on the review of BHP Billiton / Potash Corporation of Saskatchewan
  • Member of the Competition Bureau's External Working Group on Reform of the Conspiracy Offence
  • Member of the Regulatory Issues Advisory Group for the federal government's Payment Systems Task Force
  • As Chair of the Ontario Energy Board (OEB) Market Surveillance Panel, conducted investigations involving alleged abuses of market power and gaming and issued 12 semi-annual reports on the operation of the wholesale electricity market
  • Counsel to the Independent Electricity System Operator (IESO) on the development of its General Conduct Rule
November 2016
Seven McMillan lawyers appear in Lexpert's Special Edition on Canada's Leading Litigation Lawyers 2016

McMillan is pleased to announce that seven of its lawyers have been named in Lexpert's Special Edition Report on Canada's Leading  Litigation Lawyers 2016. 

February 2016
2016 Canadian Merger Notification Threshold Increases
Competition Bulletin
2015
Cartel Regulation 2015, Canada Chapter
Global Competition Review
February 2015
Canadian Merger Notification Thresholds Increased
Competition Bulletin
March 2014
Federal Government Tightens Procurement Integrity Provisions
Government Procurement Bulletin
December 2013
Group Buying - A Canadian Case Study
The Antitrust Source
Fall 2013
Monopsony Power and the Relevance of the Sell-Side Market
Canadian Competition Law Review
2013
Foreign Corrupt Practices - The Growth and Limitations of Canadian Enforcement Activity
Indiana International & Comparative Law Review, Vol. 23 No.1
July 2013
Changes to Investment Canada Act implemented
International Trade Bulletin
February 2013
Canada Gets Tough on Foreign Corrupt Practices
Business Law Bulletin
2013
Competition and Foreign Investment Reviews of Asian Investments into Canada
China International Institute of Antitrust and Investment, First Annual Antitrust Symposium, Chapter 34, LexisNexis
December 2012
Canada makes changes to Investment Canada regime
International Trade Bulletin
September 2012
New abuse of dominance enforcement guidelines
Competition Bulletin
April 2012
More abuse?: the Competition Bureau proposes revised guidelines on abuse of dominant market position
Competition and Antitrust Bulletin/TerraLex Newsletter
February 2012
Canada and China conclude major investment treaty negotiations
International Trade Law Bulletin
June 2011
The Evolution of Amnesty and Leniency in Canadian Cartel Enforcement
Antitrust & Trade Regulation Report
January 2011
A New Era for Canadian Cartel Enforcement
The 2011 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada
November 15, 2016
Bringing and Defending Class Actions: 10 Things Plantiffs' and Defense Counsel Need to Know
Class Actions for Litigators, Law Society of Upper Canada, Toronto, Ontario
December 8, 2014
Anti-Dumping and Countervailing Measures for Solar in Canada: Processes, Timelines and Implications of an Investigation
Solar Canada (CanSIA) 2014 Conference
May 29, 2014
Keynote Address
University of Calgary, Van Horne Institute Conference on Restructured Electricity Markets, Calgary, Alberta
May 21, 2014
The interface of competition policy and enforcement with industry-specific regulation
Panelist, The Canadian Bar Association's 2014 Spring Competition Law Conference, Toronto