competition and antitrust 

 

Companies operating in today's global economy face a highly complicated world. All major governments have enacted competition laws—and regulators are aggressively enforcing them with penalties that can have a material impact on a company's performance.

These laws and enforcement regimes, as well as increasingly elaborate and concentrated business structures, create a highly complex legal environment. Trade and investment agreements between nations can complicate matters even further, creating not only ambiguity, but also the potential for inadvertent breaches of the law.

McMillan's very experienced and highly ranked Competition and Antitrust Group helps clients in virtually every industry to navigate this maze of regulations. Our lawyers are highly ranked by Canadian (Lexpert, Best Lawyers in Canada) and International (Chambers, Who's Who Legal, Global Competition Review 100, Expert Guides (Euromoney)) observers. We are very active in national and international organizations including the Canadian Bar Association (CBA), the American Bar Association (ABA), the International Bar Association (IBA), and the International Competition Network (ICN). We deliver experienced counsel that advances your business objectives, protects your financial interests, and upholds your reputation.
  • Advised and assisted numerous companies in responding to search warrants including legal issues related to electronic searches in and beyond Canadian borders as well as the legality and scope of warrants
  • Represented respondents to section 11 orders involving documents, written returns and depositions in investigations under the criminal, abuse of dominance, merger and other provisions of the Act
  • Challenged the scope/duration of an onerous section 11 order in the Federal Court
  • Negotiated consent prohibition orders and undertakings to resolve various Competition Bureau investigations
  • Counsel to MasterCard in connection with the Competition Bureau's challenge to its Operating Rules
  • Counsel to life insurance industry in Interac abuse of dominance proceeding before the Competition Tribunal
  • Counsel to Polaroid Canada in Polaroid Canada Inc. v. Continent-Wide Enterprises Ltd. market restriction proceeding
  • Counsel to The NutraSweet Company in NutraSweet, the first abuse of dominance proceeding under the Competition Act
July 2016
Lexology Navigator Q&A
June 2016
Financial Services Bulletin
April 2016
Government Procurement Bulletin
April 2016
Transportation Bulletin
February 2016
Procurement Bulletin
February 2016
Competition Bulletin
February 2016
Competition Bulletin
January 2016
Competition Bulletin
January 2016
Competition and Antitrust Bulletin
2016
Global Competition Review
2016
Law Business Research
October 2015
Competition and Marketing & Advertising Bulletin
August 2015
Jointly published with the Canadian Bar Association's Competition Law Section
Editor, James Musgrove with Assistant Editor, Janine MacNeil
Authors of Chapter 1: Introduction and Overview: The Purpose of Canadian Competition Law, James Musgrove and Janine MacNeil 
August 2015
Jointly published with the Canadian Bar Association's Competition Law Section
Authors of Chapter 18: Foreign Investment Reviews, Mark Opashinov and Jun Chao Meng 
August 2015
Procurement Bulletin
2015
CBA National Competition Law Section International Committee Newsletter - Passport to International Antitrust
July 2015
Lexology Navigator Q&A
July 2015
Competition Bulletin
July 2015
Competition Bulletin
June 21, 2015
TerraLex Connections
June 2015
Canadian Competition Law Review, Vol. 28, No. 1
June 2015
Competition Bulletin
2015
American Bar Association's Transportation and Energy Industries Committee Newsletter
2015
Getting the Deal Through
April 2015
Competition Bulletin
March 2015

American Bar Association Section of Antitrust Law, Cartel & Criminal Practice Committee Newsletter – Spring 2015

March 2015
Competition Bulletin
March 2015
Journal of European Competition Law & Practice (Oxford University Press), Vol. 6, Issue 3
February 2015
Canadian Privacy Law Review, Vol. 12, No. 3
February 2015
Environmental Law Bulletin
February 2015
Economic Sanctions Bulletin
February 2015
Competition Bulletin
February 2015
Competition Bulletin
January 2015
Competition Bulletin
January 2015
Competition Bulletin
January 2015
What Fresh Hell is This? The Canadian Cartel Class Action System
January 2015
One Place Where Possession is not Nine Tenths of the Law
January 2015
Marketing and Advertising Bulletin
2015
Global Competition Review
December 2014
Economic Sanctions Brief
December 2014
(Available in French only)
Bulletin en droit de la concurrence
December 2014
Competition Bulletin
December 2014
Competition Bulletin
December 2014
Competition Bulletin
Republished in the February 2015 edition of the Canadian Privacy Law Review
November 2014
Employment and Competition Bulletin
November 2014
Competition Bulletin
November 2014
International Trade Bulletin
November 2014
Government Procurement Bulletin
October 2014
The Walls Have Ears – Lots of Them!
October 2014
Competition Bulletin
October 2014
The Immunity and Leniency System
October 2014
Tangible Benefits for Corporate Compliance Programs: Show Us the Money
October 2014
The Basics
October 2014
Competition Bulletin
September 2014
Competition Bulletin
September 2014
Canadian Competition Law Review, Vol. 27, No. 2
2014
J. Musgrove &. M. Podgorny, Asper Review of International Business and Trade Law
June 2014
The Marker, Criminal Matters Committee of the CBA National Competition Law Section
May 2014
Competition Bulletin
May 2014
Competition Bulletin
May 2014
Canadian Competition Law Review
May 2014
Canadian Competition Law Review, Vol. 27, No. 1
May 2014
Global Antitrust and Compliance Handbook, Canada chapter
Oxford University Press
April 2014
International Trade Bulletin
April 2014
Competition Bulletin
March 2014
Government Procurement Bulletin
March 2014
Competition Bulletin
March 2014
Competition Bulletin
February 2014
Competition Bulletin
February 2014
Competition Bulletin
February 2014
Litigation Bulletin
January 2014
ABA Antitrust Section - Civil Redress Committee
International Civil Redress Bulletin
January 2014
Competition Bulletin
December 2013
The Antitrust Source
November 2013
Class Action Bulletin
November 2013
Competition Bulletin
November 2013
Competition Bulletin
November 2013
Class Action Bulletin
2013
ABA Section of Antitrust Law, Unilateral Conduct Committee, Monopoly Matters Newsletter
October 2013
International Trade Bulletin
October 2013
Black Letter Competition Law: The Tribunal Confirms the Rules
CBA 2013 Annual Fall Competition Law Conference
September 2013
"Monopoly Matters", ABA Section of Antitrust Law
September 2013
Competition Bulletin
2013
Canadian Competition Law Review
September 2013
Competition Bulletin
August 2013
Class Action Bulletin
August 2013
Competition Bulletin
2013
Indiana International & Comparative Law Review, Vol. 23 No.1
July 2013
Competition Bulletin
July 2013
Competition Bulletin
July 2013
International Trade Bulletin
July 2013
Competition Bulletin
June 2013
Competition Bulletin
June 2013
Competition Bulletin
June 2013
Competition Tribunal Confirms that Abuse of Dominant Market Conduct requires Acts directed at Injuring or Excluding Competitors
Toronto Law Journal
June 2013
Competition Bulletin
June 2013
Both Sides Now: A Brief Reflection on the Two Sided Market Debate
Competition Policy International, CPI Antitrust Chronicle Article
May 2013
Competition Bureau Shares Its Thinking on Mergers
Toronto Law Journal
May 2013
Competition Bulletin
May 2013
International Trade Bulletin
May 2013
Getting the Deal Through – Merger Control 2014, Canada chapter
Global Competition Review
April 2013
Competition Bulletin
March 2013
Competition Bulletin
March 2013
Class Action Bulletin
March 2013
New York State Bar Association Conference
February 2013
Aviation Bulletin
January 2013
Business Law Bulletin
January 2013
Competition Bureau Continues Aggressive Pace of Enforcement
Toronto Law Journal
January 2013
Competition Bulletin
January 2013
Competition Bulletin
2013
Chapter 2: Advertising and Promotion
O'Brien's Encyclopedia of Forms, Eleventh Edition, 2013
2013
China International Institute of Antitrust and Investment, First Annual Antitrust Symposium, Chapter 34, LexisNexis
December 2012
Canadian Merger Enforcement: Trouble – Just as Promised
Antitrust Report, Issue 3, 2012
December 2012
The Indirect Purchaser Trilogy in the Supreme Court of Canada
ABA Business Torts & RICO News
December 2012
International Trade Bulletin
December 2012
Competition Bulletin
December 2012
American Bar Association Teleseminar
November 29, 2012
Author: Stefano Berra
Global Competition Review
November 2012
Competition Bulletin
October 2012
(Available in French only)
La Collection Blais Volume 13– Rendez-vous 2012 en droit des sociétés, Les Éditions Yvon Blais
September 2012
International Trade Bulletin
September 2012
Competition Bulletin
September 2012
Competition Bulletin
August 2012
Competition Bulletin
2012
Justice My Lord – Justice and Costs: The Availability and Scale of Litigation and Investigation Costs in Private Competition Act Litigation
Canada Competition Law Review, 2012, Vol. 25 No. 1
July 2012
25:1 Canadian Competition Law Review (2012)
2012
Protecting Protective Orders: Misuse of U.S. Discovery in Canadian Antitrust Litigation
Antitrust
July 2012
Rowley & Baker: International Mergers - The Antitrust Process, Canada chapter
Sweet & Maxwell
May 2012
Justice My Lord – Justice, and Costs: The Availability and Scale of Litigation and Investigation Costs in Private Competition Act Litigation
Canadian Competition Record, Spring, 2012
April 2012
Global Competition Review
April 2012
Getting the Deal Through
April 2012
Canadian Competition Bureau Releases: Revised Abuse of Dominance Guidelines for Comment
Antitrust and Trade Regulation Report Vol. 102, No. 2544
April 2012
Competition and Antitrust Bulletin/TerraLex Newsletter
April 2012
Competition and Antitrust Bulletin
April 2012
Crime Fighters and Civil Defendants – The Line Between Vigorous Prosecution and Defamation
Toronto Law Journal
April 2012
Getting the Deal Through - Merger Control 2013, Canada chapter
Global Competition Review
March 2012
International Trade Bulletin
March 2012
Competition Bulletin
also in ABA Unilateral Conduct Committee Newsletter "Monopoly Matters"
March 2012
McMillan Competition and Antitrust Bulletin/Lexology
March 2012
Selling a Business in Canada
TerraLex Connections – Newsletter, Volume IIII, Issue 1
March 2012
"Monopoly Matters", ABA Section of Antitrust Law
March 2012
McMillan Competition and Antitrust Bulletin/Lexology
March 2012
Remedies in Monopolization Cases
"Monopoly Matters", ABA Section of Antitrust Law
March 2012
The Canadian Second Request Process: An Evolving Story
Terralex Newsletter
March 2012
Developments in the Canadian Merger Review Process
"Hot Topics", ABA Section of International Law
February 2012
McMillan Competition and Antitrust Bulletin/Lexology
February 2012
International Trade Law Bulletin
February 2012
Competition and Antitrust Bulletin
February 2012
Paper for the ABA/IBA International Cartel Workshop
January 2012
The Complete Canadian Law of Disclaimers
Co-authors D. Edmondstone with the assistance of Dana Doidge and Calie Adamson (Students-at-law), The Canadian Institute's 18th Annual Advertising and Marketing Law Conference
January 2012
Competition/Antitrust Bulletin
January 2012
Merger Control - Getting the Deal Through
GCR - Co-Author, Canadian Chapter
January 2012
Canada Chapter in Getting the Deal Through - Cartel Regulation 2012
Global Competition Review
January 2012
Competition Bureau Published Revised Merger Review Process Guidelines
McMillan Competition and Antitrust Bulletin/Lexology
2012
Around the World: Canadian Merger Enforcement: Trouble – Just as Promised
Antitrust Report, issue 3, 2012 -- LexisNexis
by James B. Musgrove, A. Neil Campbell and Devin Anderson
December 2011
Canadian Competition Bureau Updates Merger Guidelines
TerraLex Newsletter
November 2011
Litigation Bulletin
November 2011
Merger Guidelines Updated by Competition Bureau
Toronto Law Journal
November 2011
Presentation to the GCR Law Leaders Conference
October 2011
Global Competition Review
October 2011
Competition Bulletin
October 2011
Misleading Advertising: Recent Highlights and Implications
CBA Annual Fall Competition Law Conference
October 2011
Merger Remedies – Recent Developments
CBA Annual Fall Competition Law Conference
September 2011
Competition Bureau releases merger remedies study
Global Competition Review
September 2011
Misleading Advertising, Contests and Claim Substantiation chapters
Ultimate Corporate Counsel Guide, Canada Law Book
September 2011
Federated Press: 2nd Mini LLB For Regulators Conference
2011
The Price, the Whole Price, and Nothing But the Price
Toronto Law Journal, Vol. 6, No. 7, Summer 2011
July 2011
Competition and Advertising Bulletin
Also published in Lexology
2011
Chapter: "Canada: Private Antitrust Litigation"
The Antitrust Review of the Americas 2012
June 2011
Competition Bulletin
June 2011
Antitrust & Trade Regulation Report
June 2011
The Canadian Legal Lexpert Directory 2011 
May 2011
Transportation and Innovation: the Roles of Governments, Industry and Academia, Proceedings of the 46th Annual Conference of the Canadian Transportation Research Forum, Gatineau, Québec
April 2011
What's In Store, ABA Newsletter of the Section of Antitrust law's Consumer Protection Committee, Volume 16, No. 1, Spring 2011
March 2011
Competition Bulletin
March 2011
Competition Bulletin
February 2011
Co-author, with Steve Szentesi, June 2007
February 2011
Global Competition Review
January 2011
Presentation, and Canada's Environmental Marketing Rules Paper, 17th Annual Advertising & Marketing Law Conference, Canadian Institute, January 20-21, 2011
January 2011
Canada's Environmental Marketing Rules
Co-author A. Collier, Canadian Institutes 17th Annual Advertising and Marketing Law Conference
January 2011
The 2011 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada
January 2011
The 2011 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada
2011
Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through - Private Antitrust Litigation 2011, (published in October 2010; contributing editor Samantha Mobley). For further information please visit www.GettingTheDealThrough.com.
2011
Buying Groups as a Criminal Offence: 321665 Alberta Ltd. v. ExxonMobile Canada Ltd. and Husky Oil Operations Ltd.
Co-author L. Parliament, Federated Press Competition Law Newsletter, Volume XIII, No. 4
November 2010
Lexpert 2010 Guide to the Leading US/Canada Cross-border Litigation Lawyers in Canada
October 2010
Globalization of Class Actions
Association of Corporate Counsel annual conference – October 2010
September 2010
Jointly Venturing into Uncharted Territory: The New Conspiracy Law and its Implications for Joint Venture Conduct
Co-author D. Liddle, Canadian Bar Association 17th Annual Competition Law Fall Conference
2010
InBrief Fall 2010
2010
The International Competition Network Unilateral Conduct Working Group - A Brief, Unauthorized, and Idiosyncratic Primer
ABA Section of Antitrust Law, Unilateral Conduct Committee, Newsletter
May 2010
Canadian Competition Bureau v. Canadian Real Estate Association
Toronto Law Journal, Vol. 5, No. 5, May 2010
April 2010
Conspiracy Class Action Certification: Canada and U.S. Diverge
ABA Section on Antitrust - International Antitrust Bulletin
March 18, 2010
Inbound Investment Regulation in Canada
Canada 's New Competition and Investment Law, the Continuing Legal Education Society of British Columbia
March 2010
Competition Law Bulletin
March 2010
Chapter 12 in Criminalising Cartels: Critical Studies of an International Regulatory Movement, Caron Beaton-Wells and Ariel Ezrachi, eds.
February 2010
Paper for the ABA/IBA International Cartel Workshop, Paris
2010
16:1 Columbia Journal of European Law, Winter 2009/2010
February 2010
Patents vs. Competition Law: May the Best Doctrine Win
Toronto Law Journal , Vol. 5, No. 2
January 2010
Refusal to Deal in Canada: A Primer
ABA Section of Antitrust Law's Unilateral Conduct Committee, International Committee and Distribution and Franchise Committee and the ABA Centre for Continuing Legal Education Teleseminar Series, Distribution Issues in the North Atlantic Triangle: Part III: Refusal to Deal: When Can – and Will – You be Required to Supply
2010
An extract from the 2010 Antitrust Review of the Americas - a www.GlobalCompetitionReview.com special report.
November 2009
Canadian Competition Authority Reaches for Foreign Affiliates in its Cartel Investigations
Competition Policy International (CPI)
November 2009
Canada's Competition Law
Carrier's Competitive Edge, Canadian Insurance Business Magazine
October 2009
Lang Michener LLP Corporate Insurance Brief Fall 2009.
Also published in International Law Office under the title "Insurance Company Mergers: A Regulatory Guide," May 26, 2009.
Also published by ABA Section of Anti-trust Law, Insurance Industry Committee, The Insurance Policy Newsletter, Winter 2009.
October 2009
Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through - Private Antitrust Litigation 2010 (published in October 2009).
2009
Paradigm Shift for Competition Laws and Foreign Investment Review in Canada
Partners Magazine, Autumn 2009
September 2009
New Merger Rules Raise Legal Concerns
Featured in Law Times
July 2009
Newsletter of the International Business Law Commission of AIJA.
2009
Lang Michener LLP InBrief
June 2009
Canadian Corporate Counsel , Volume 18, Number 7 and  Lang Michener LLP InBrief Fall 2009
May 2009
Clampdown on Misleading Advertising
Featured
The Windsor Star
May 2009
Anti-Cartel and Two-Stage Merger Review Draft Guidelines Seen as Reasonable
Featured
Canadian Lawyer InHouse
April 2009
CCH's Ultimate Corporate Counsel Guide
2009
Canadian Competition Record , Vol. 23, No. 2
April 2009
Significant Competition Act Changes
Report Bulletin IC279, Foreign Investment in Canada News
April 2009
Sweeping changes to Canada's Competition Act
Co-author (John Clifford, Mark Opashinov and Sorcha O'Carroll), Global Competition Review, April 2009 (Vol. 12 Iss. 4)
2009
Lang Michener InBrief
March 2009
Global Competition Review
March 2009
Competition Law Bulletin
February 2009
CBA Asks For Consultation on Competition Act Change
Featured
Canadian Lawyer InHouse
2009
Co-authored: Esther Rossman and James Musgrove
Lang Michener Competition & Marketing Brief 
Also published in CCH Commercial Times Newsletter , Number 498, January 2009
2009
Lang Michener Competition & Marketing Brief
2009
Lang Michener Competition & Marketing Brief
2009
Lang Michener Competition & Marketing Brief
January 2009
Chapter 12 – Canada – Questions & Answers
Co-authored: Esther Rossman, James Musgrove
The International Comparative Legal Guide to Merger Control 2009
2009
Recent Developments in Competition Act Class Actions
Competition Law Federated Press Newsletter , Volume XII, No. 3
January 2009
The International Comparative Guide to Merger Control 2009 – Chapter 12 – Canada
Co-authored: Esther Rossman and James Musgrove
Global Legal Group
2008
InBrief Winter 2008/2009
October 2008
Competition Law Bulletin
September 2008
Lexology
Also published in CCH Commercial Times Newsletter , Number 495
2008
Canada's Competition Law: Guidance for Insurers
ABA Section of Antitrust Law, Insurance Industry Committee, The Insurance Policy Newsletter
July 2008
Lang Michener Competition & Antitrust
Also published in Lexology
July 2008
Canadian Corporate Counsel , Vol. 17, No. 8
2008
A Brief Guide to Doing Business in Italy
Partners Magazine, Summer 2008 issue
June 2008
A Mixed Bag Review: The Competition Review Panel's Report Contains Many Good Ideas, But There Is Some Lack of Focus
FP Comment Section, The National Post
Also published in Lang Michener Competition & Antitrust Brief Special Issue, June 30, 2008
June 2008
Lexology
Also published in Lang Michener Competition & Antitrust Brief Summer 2008
2008
Competition Act Class Actions and Indirect Purchasers
Toronto Law Journal , Vol. 3, No. 7
June 2008
Distribution Issues in Canadian Competition Law - An Update on Predatory Pricing Part II
Co-authored: Esther Rossman and James Musgrove
Canadian Corporate Counsel , Volume 17, Number 7
May 2008
The Implications of the Recent Decision Of The U.S. Supreme Court in Leegin for Distribution Policies in Canada
Co-authored: Janine MacNeil and James Musgrove
TerraLex Connections
May 2008
The Canadian Law of Price Maintenance and Predatory Pricing - An Update - Part I
Co-authored: Esther Rossman and James Musgrove
Canadian Corporate Counsel , Volume 7, Number 6
April 2008
CCH Corporate Brief & Competition and Antitrust Alert
April 2008
Lang Michener International Trade Alert
2008
Antitrust Immunity in Canada: The Sequel
Co-authored: Esther Rossman and James Musgrove
American Bar Association Section of Antitrust Law Sherman Act Section 1 Newsletter
March 2008
Competition Law Tab, Volume 1
Canada Corporations Law Report ("DCOR"), CCH Canada Limited, Release #381
March 2008
Global Competition Review
2008
Italy Leads the European Movement for Class Actions
Focus on Italy Magazine, Winter 2008 issue
December 2007
Consulegis Newsletter, Winter 2007-08
November 2007
Immunity from Prosecution Under the Canadian Competition Act: The Bureau's Updated Immunity Policy
Canadian Corporate Counsel
October 2007
Lang Michener Competition & Antitrust Alert
October 2007
Competition Law Bulletin
October 4, 2007
Lang Michener Mergers & Acquisitions Brief, Fall 2007
October 2007
Private Antitrust Litigation in Canada
The Antitrust Review of the Americas 2008
A Global Competition Review Special Report
October 2007
Canada Chapter in: Getting the Deal Through – Private Antitrust Litigation 2008
Global Competition Review, October 2007
October 2007
North American Distribution Arrangements and Price Maintenance Dangers
Co-authored: Esther Rossman and James Musgrove
Toronto Law Journal
2007
ICSA Chartered Secretaries Canada, CGQ Corporate Governance Quarterly
September 20, 2007
Competition and Antitrust Brief
September 2007
Til Death Us Do Part: Is the Canadian Law of Refusal to Deal Becoming an Increasing Challenge for Efficient Distribution Arrangements in Canada?
Co-authored: James Musgrove and Janine MacNeil
Distribution, The Newsletter of the Distribution and Franchising Committee, Antitrust Section - American Bar Association Volume 11, Number 2
September 2007
Co-authored: Patti Phelan and James Musgrove
ACC Docket
2007
Lang Michener Competition & Antitrust Brief and International Antitrust Bulletin
2007
Lang Michener Competition & Antitrust Brief and Canadian Corporate Counsel, Volume 17, Number 1
April 17, 2007
Lang Michener Mergers and Acquisitions Brief, Spring 2007 and reprinted in the Commercial Times newsletter, published by CCH Canadian Limited, no. 480, July 2007
2007
Lang Michener Mergers & Acquisitions Brief
2007
Lang Michener Competition & Antitrust Brief
2007
Co-authored: S. Szentesi and James Musgrove
Lang Michener Competition Law Alert
January 2007
The Canadian Efficiencies Defence: A New Approach
Co-authored: James Musgrove and Janine MacNeil
International Antitrust Bulletin
2007
Lang Michener InBrief 
January 2007
A Transatlantic Assessment of the Evolving Use of Behavioural Merger Remedies
Chapter V in Handbook of Transatlantic Antitrust, Philip Marsden, ed. (Edward Elgar Publishing, 2007)
December 1, 2006
Merger Review: Recent Developments
in Competition Law Essentials at a conference of the Continuing Legal Education Society of British Columbia, Vancouver, B.C
November 2006
Efficiencies Again
Co-authored: James Musgrove and Janine MacNeil
Toronto Law Journal
October 2006
Getting the Deal Through – Private Antitrust Litigation 2007
Global Competition Review
2006
Contributor to Chapter 1, Restraints of Trade
Antitrust Law Developments, 6th ed. (American Bar Association, 2007)
October 1, 2006
The Antitrust Review of the Americas 2007
A Global Competition Review Special Report
2006
Lang Michener Mergers & Acquisitions Brief
September 2006
The Development of Private Enforcement of the 'Refusal to Deal' Law in Canada
Competition Law Publication by Federated Press
2006
Lilly v. Apotex - The Application of Section 45 to Patent Assignments and Other Issues
Co-authored: Daniel Edmondstone and James Musgrove
Canadian Competition Record , Vol. 22, No. 3
August 2006
Lang Michener Competition & Antitrust Brief
August 2006
Lang Michener Competition & Antitrust Brief, Special Edition electronic version
June 2006
Tips and Traps under Competition Law for IP Licensing
by Mark Opashinov and Jonathan Hood for presentation by Mark Opashinov to the Canadian Institute's IP License Agreements Conference, June 2006
2006
Gun-Jumping and Due Diligence Reducing Merger Risks
Lang Michener Competition and Antitrust Brief, Spring 2006, (republished in Canadian Treasurer June / July 2006, Vol. 22, p.9; Lang Michener In Brief Summer 2006 and Competition Law, Federated Press; Toronto 2006, Vol. XI, No. 1 pp.727 – 728
May 2006
Responding to the Market Power of Federal Freight Railways
Competition as a driver of change: Proceedings of the 41st Annual Conference of the Canadian Transportation Research Forum
May 2006
Recent Developments in the Canadian Law of Refusal to Deal
Co-authored: James Musgrove and Janine MacNeil
The ABA Newsletter of the Distribution and Franchising Committee, Antitrust Section, Vol. 10, No. 2
2006
2006
Article: International Antitrust Bulletin - ABA Section of Antitrust Law
April 2006
Article
April 2006
Important Practical Competition Law Issues in Day-to-Day Transactions: Developments in the Law of Predation, Price Maintenance and Refusal to Deal
Co-authored: James Musgrove and Janine MacNeil
The Advocates' Quarterly, Vol. 31, No. 2
April 2006
Competition & Antitrust Brief
2006
Lang Michener Competition & Antitrust Brief and Federated Press, 2006, Vol Xi, No. 1
March 2006
No Power? No Problem. Toward a More 'Reasonable' Test for Competitor Collaborations
Jones Day Swope Antitrust Writing Competition
February 2006
Article - 2006 Canadian Legal Lexpert Directory
February 2006
Marketing Payment Cards in Canada
Co-authored: Martine Masse, James Musgrove, Janine MacNeil
Canadian Institute Payment Card Compliance in Canada Conference
November 2005
The Antitrust Review of the Americas 2006
A Global Competition Review Special Report
November 2005
Developing an Effective Compliance Program Under the Competition Act: Making the Business Case for Due Diligence
Insight Information Annual Advertising and Marketing Law Conference
2005
Lang Michener Competition & Antitrust Brief
2005
Competition & Antitrust Brief
June 24, 2005
Kerr v. Danier Leather ups the ante for class action defendants
The Lawyers Weekly, June 24, 2005
2005
Lang Michener Advertising & Marketing Brief
May 2005
Litigation Bulletin
April 2005
Due Diligence: Making the Business Case
Co-author J. MacNeil, Law Society of Upper Canada, Entertainment, Advertising & Media Law Symposium
2005
What's in Store for Sears? A Look at the Competition Tribunal's Decision
Co-authored: James Musgrove and Janine MacNeil
Lang Michener Advertising & Marketing Brief
2004
Canada's Post-Chicago Approach to Predation
British Institute of International and Comparative Law, 2004 Competition Conference
November 2004
Global Competition Review Briefings
November 2004
Competition Act Amendments Tabled: What's in Bill C-19
Co-authored: James Musgrove and Janine MacNeil
Lang Michener Competition & Antitrust Brief
October 2004
Global Competition Review, Global Briefings: Canada, October 2004
2004
22:1 Canadian Competition Record 10 (Fall 2004)
September 2004
Competition Bulletin
2004
The Emergence of WTO Competition Law
International Trade Law & Regulation
August 2004
Advertising & Marketing Bulletin
May 2004
"Points North" Column in For the Defense Magazine
May 2004
Counsel to Counsel, Antitrust Compliance - Brief Advice, May 2004
April 2004
Cartel Enforcement in Canada
Global Competition Forum, Competition Law and Policy in a Global Context
2004
Stalled on Take Off: Commissioner of Competition v. Air Canada – A Comment
Co-authored: Daniel Edmondstone and James Musgrove
Canadian Competition Record
2004
Pricing Reform: Once More Unto the Breach? (Part II)
8:2 Competition Law 522
November 2003
American Bar Association Canadian Law Newsletter, Volume XXXIX No.2
November 2003
Competition Reform -- Again The Discussion Paper and Bill C-249
2003
Pricing Reform: Once More Unto the Breach? (Part I)
8:1 Competition Law 502
June 2003
Lang Michener In Brief
May 2003
Global Competition Review
May 2003
International Bar Association Business Law International
February 2003
Corporate Counsel
February 2003
Putting Canada in its Place: Canada and International Cartel Enforcement
British Chamber of Commerce in Belgium / Howrey Simon Europe: Understanding Cartel Enforcement Conference
January 2003
London: Global Competition Review, 2002
2002
Canadian Bar Association Competition Law Conference
October 2002
CBA Competition Law Conference
August 2002
Antitrust Report
July 2002
Canada Again Considers Reform of Criminal Pricing Offences
Antitrust Report
May 2002
Telemarketing: The Latest Word on the Rules and Their Enforcement
The Canadian Institute, Advertising and Marketing Law Conference, May 30 and 31, 2002
April 2002
Canada Moves Towards Conspiracy Reform
Antitrust Report
February 2002
The Deceptive Marketing Practices Reviewable Matters Provisions of The Competition Act
4th Annual Advertising and Marketing Law Conference, Insight Information
2002
Reviewable Practices in the Competition Act: Refusal to Deal (Part I)
Co-authored: C.J. Flavell and Y. Naqvi
Competition Law
2002
Reviewable Practices in the Competition Act: Exclusive Dealing and Tied Selling (Part II)
Co-authored: C.J. Flavell and Y. Naqvi
7 Competition Law 493
May 2001
You may already be a Loser: Contests, Promotions and other Fun and Games
Seventh Annual Conference on Advertising & Marketing Law, May 24 & 25, 2001
February 2001
The Competition Cops are at the Door: How Best to React when the Worst Happens
Co-authored: Daniel Edmondstone and David Young
3rd Annual Insight Advertising & Marketing Conference
2001
Bill C-23 Makes Progress
Co-authored: Daniel Edmondstone and J.B. Musgrove
Canadian Competition Record
November 2, 2000
Report to the Canada Transportation Act Review Panel, Toronto, Ontario, published at the Canada Transportation Act Review
November 2000
American Bar Association Antitrust Section "Distribution in a Global Economy: Internet, B2B and Traditional Issues" Conference
August 2000
Canadian Corporate Counsel
March 2000
Antitrust Report
February 2000
Antitrust Report (co-authored with Nancy Johnson)
December 1999
Insight "Competition Law Practices for Canadian Companies" Conference
September 1999
Canadian Bar Association Competition Law Conference
1999
Competition Law in Transition: A Year of Legislative & Administrative Change
Co-authored: Daniel Edmondstone and J.B. Musrove
Canadian Bar Association Annual Competition Law Conference
March 1999
Global Competition Review
March 1999
Insight Conference
1999
Canada chapter - Antitrust Law and Trade Regulation
Matthew Bender, 1999
1999
Southam and Judicial Deference in the Area of Merger
Competition Law
October 1998
The Banking and Financing Review and Antitrust Report
1998
An Overview of Canadian Competition & Advertising Law
Co-authored: Daniel Edmondstone, J.B. Musgrove, David Young
LEXPERT
1998
The Amendments - At Last
Co-authored: Daniel Edmondstone and J.B. Musgrove
Canadian Competition Record, Volume 19, No. 3
June 1997
Yellow Pages at First Blush: Some Preliminary Thoughts on the Tele-Direct Case
Co-authored: Daniel Edmondstone and J.B. Musgrove
University of Toronto Roundtable
1997
Abuse of Dominance and Tied Selling: Some Thoughts on the Tele-Direct Case
Co-authored: Daniel Edmondstone and J.B. Musgrove
Canadian Competition Record, Volume 18, No. 2, p. 29
April 1997
Big Changes on Way for Competition Act
Co-authored: Daniel Edmondstone and J.B. Musgrove
Lawyers Weekly
1997
Competition Act Amendments Introduced in House of Commons
Co-authored: C.J. Flavell and C. Kent
Competition Law
1997
Corporate Compliance Programs Bulletin Released
Co-authored: C.J. Flavell and C. Kent
Competition Law
1996
American Bar Association Canadian Law Newsletter
May 1996
They Can't Say That! - Can They? A Review of Recent Comparative Advertising Litigation
Co-authored: Daniel Edmondstone and J.B. Musgrove
The Canadian Institute Conference Competition Law and Competitive Business Practices
May 1996
Canadian Corporate Counsel (vol. 5, no. 6)
January 1996
Competition Law Amendments Introduced into Parliament
Co-authored: Daniel Edmondstone and J.B. Musgrove
Canadian Competition Record, Volume 17, No. 3, p. 1
1996
R. v. Clarke Transport Canada Inc. May Present New Difficulties for Section 45 Enforcement
Co-authored: C.J. Flavell and Cory Kent
Competition Law
1996
The Limits of Criminal Predatory Pricing
Co-authored: C.J. Flavell and Cory Kent
Competition Law
1996
Abuse of Dominance: The First 10 Years
Co-authored: C.J. Flavell and Cory Kent
Competition Law
1995
Should Domestic Anti-Dumping Law Be Replaced with Competition Law?
Competition Law
1995
Major Changes Are in Store for Canada's Competition Act
Co-authored: C.J. Flavell and Cory Kent
Competition Law
1995
Case Comment: Upper Lakes Group Inc. v. Canada (National Transportation Agency)
Canadian Competition Record, Vol. 16, No. 3
April 1994
American Bar Association Canadian Law Newsletter
1994
Should Canada Have a Noerr-Pennington Doctrine
Co-authored: C.J. Flavell and L. Milton
Competition Law