James B. Musgrove 

Co-Chair, Competition and Antitrust Practice
Toronto  t: 416.307.4078  |  e: james.musgrove@mcmillan.ca

James B. Musgrove

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

t: 416.307.4078
e: james.musgrove@mcmillan.ca

overview

James Musgrove is winner of the GCR award for Behavioural Matter of the Year - Americas for his successful defence of MasterCard, in 2014, and was named 2015 Advertising and Marketing Lawyer of the year, Toronto, by Best Lawyers. He is recognized as a leading competition and advertising lawyer by various rating organizations, including Chamber Global, GCR, Lexpert, Best Lawyers and Who's Who Legal, amongst others. He is active in various national and international antitrust organizations.

Leading cases include representation of NutraSweet Company, Suncor, Polaroid, West Fraser and Kraft, amongst others.

  • Member of the firm's Board of Partners and Co-Chair of the Competition and Antitrust Practice Group
  • ABA Section of Antitrust Law, Member of Council, Liaison to CBA National Competition Law Section, Past Chair Unilateral Conduct Committee
  • Member, Competition Tribunal/Bar Liaison Committee
  • Non-Governmental Advisor to the International Competition Network
  • Chair, National Competition Law Section, Canadian Bar Association (CBA) (2007-2008)
  • President, Toronto Lawyers' Association (2005 – 2006)

James practices in the areas of competition, antitrust, foreign investment and marketing law. He advises on antitrust, distribution, and competition law matters, mergers, cartels, investment review, foreign corrupt practices and misleading advertising amongst other issues. He makes regular representations and submissions to the Competition Bureau. He has experience in a wide variety of industries, including financial institutions, oil and gas, electricity, telecommunications. broadcasting, consumer products, retail, automotive, amongst others.

Major Publications

  • Contributor, Merger Control in Canada, Lexology, 2015/2016
  • General Editor, Fundamentals of Canadian Competition Law, CBA/Carswell, (1st, 2nd and 3rd editions) 2007/2010/2015
  • Contributor, "Canadian Advertising and Marketing Law", Thomson Carswell Canada Limited
  • Author, "Competition Law Tab, Volume 1," Canada Corporations Law Reporter ("DCOR"), CCH Canada Limited
  • Editor, Competition Law for the 21st Century, Juris Publishing Inc., 1998
  • Founding Editor/Competition & Trade Contributor, Toronto Law Journal
  • Member of the Editorial Board, Canadian Competition Record (2001-2010)
  • General Editor & Author, Canada Chapter, Terralex Pre-Merger Notification Manual
  • PLC Advisory Board Member - Competition and Antitrust
  • Editorial Board, TerraLex Connections

International Competition Network

  • NGA advisor to Unilateral Conduct, Cartel, Advocacy and Mergers Working Groups of the ICN
  • Canadian Bar Association Competition Law Section delegate to ICN Kyoto, Japan (2005) Annual Meeting) and Lisbon Portugal (2009 Cartel Workshop), Marrakesh Morocco (2014 Annual Meeting), Sydney Australia (2015 Annual Meeting), and Singapore (2016 Annual Meeting)
  • American Bar Association Section of Antitrust Law/FTC delegate to ICN (Istanbul, Turkey (2010 Annual Meeting), Rio de Janeiro, Brazil (2012 Annual Meeting), Washington, DC (2009), Brussels, Belgium (2010) (Unilateral Conduct Workshops) and Washington, DC (2011) (Co-operation Workshop))
  • Contributor to various Unilateral Conduct Working Group Reports and Workbooks, speaker and facilitator at ICN conferences and teleconferences

Representative Matters

Mergers

  • Counsel in numerous merger matters including: Rogers/Glentel, Kraft/Cadbury, Philip Morris/Nabisco, Shell/Himont, AXA/Intact, Procter & Gamble/Tambrands, Rogers/Quebecor, Shell/Payless, BBM Canada/Nielsen, West Fraser/Weldwood, Teck/Cominco, Kraft/Nestle, Teck Cominco/Aur Resources, Teck Cominco/Inco, Teck Cominco/Fording, Davis + Henderson/Resolve, Poscor/Triple M, amongst others

Cartels

  • Counsel in various cartel cases, including Liquid Crystal Display, Cathode Ray Tubes, Marine Hoses, Retail Gasoline, Auto Parts, Parcel Tanker Services, Copper Concentrates, Credit Cards, Electrical Contractors, Fine Paper and Compressed Gas

Litigation

  • Leading competition law litigation includes: NutraSweet, West Fraser, MasterCard and Interac before Competition Tribunal, and Polaroid, Air Canada Jazz, MasterCard/VISA and Toronto Port Authority before Ontario/BC/Quebec/Alberta Courts

Advertising

  • Counsel in numerous advertising hearings conducted before Advertising Standards Canada's Trade Dispute Panels, and Chair of Hearing Panel. Negotiation of various alternate case resolutions with Competition Bureau

Counseling

  • Advises on anti-trust, distribution and competition law matters, mergers, agreements amongst competitors, foreign investment, foreign corrupt practices and misleading advertising. Makes regular representations and submissions to the Competition Bureau with respect to mergers, and pricing and distribution of goods and services

Presentations

Online Vertical Restraints – Issues in Digital Markets
The Future of the ICN in its Second Decade
Maintaining Your Competitive Advantage: What's New in Competition Law
Black Letter Competition Law: The Tribunal Confirms the Rules
The Shifting General Impression of Disclaimers
Two Sided Markets in Canadian Competition Law – A Very Brief History
D & O Liability Under the Competition Act
Legal and Economic Assessment of Exclusive Dealing
The Complete Canadian Law of Disclaimers
East & West: Monopolization Updates from Canada and China

Publications

CETA is Provisionally Implemented — the C$1.5 Billion Threshold Arrives
The Investment Canada Act 2016-17 Annual Report: What's New?
Getting the Deal Through – Merger Control 2017
Investment Canada Act Threshold Increases to $1 Billion (Cdn)
Investment Canada Act Threshold Increase - $1 Billion (Cdn)
Can They Keep a Secret? Competition Bureau Issues Draft Bulletin on Information Requests from Third Parties
2017 Canadian Merger Notification Threshold Increases
Back to Basics: Acting Chairman Maureen K. Ohlhausen presents near-term FTC reforms
Government of Canada Provides Valuable Guidance on National Security Review of Foreign Investment in Canada
Astroturfing, Flogging, Endorsements and the Evolving Law in Canada
Competition Bureau Issues Consent Agreement Template
What is Substantial Effect? Canada's Unilateral Refusal to Deal Law and the Test for Leave
Public Interest Privilege: What Secrets Can the Competition Bureau Keep?
2016 Canadian Merger Notification Threshold Increases
Deal Me Out: Clarifying the Test for Leave in Competition Act Refusal to Deal Cases
Getting the Deal Through - Merger Control 2016, Canada chapter
Astroturfing: What's Real Online
Putting Compliance on the Agenda in the Aftermath of the Bureau's New Guidelines
Top 10 Tips for Introducing and Maintaining Effective Competition Law Compliance Programs
Competition Bureau's Draft Intellectual Property Enforcement Guidelines Provide Welcome Clarity on Bureau Treatment of Intellectual Property
Commissioner of Competition Introduces Revised Compliance Programs Bulletin at McMillan Event
Lexology Navigator Merger Control
Stop the Presses: Post-Sun Merger Approved
Changes to Investment Canada Act Thresholds, Filing Requirements, and National Security Review Thresholds
Canadian Merger Notification Thresholds Increased
Canadian Cartel News
Volume 6
Canadian Cartel News
Volume 5
No More Misleading Advertising Class Actions?
Getting the Deal Through - Merger Control 2015, Canada chapter
Competition Act Amendments to Address "Unjustified" Canada-US Price Discrimination
Discounts for Antitrust Compliance Programs: A Worthwhile Canadian Initiative
Canadian Cartel News
Volume 4
Canadian Cartel News
Volume 3
Canadian Cartel News
Volume 2
Canadian Cartel News
Volume 1
Country Specific Pricing as an Antitrust Offence – A Bad Idea that May Come to Canada
Canadian Competition Law Compliance: The Bureau Shows Us the Money
Canada Update – Can Patent Non-Use be an Abuse of Dominant Market Position
Country Specific Pricing as a Antitrust Offence – A Bad Idea that May Come to Canada
Competition Bureau May Challenge "Product Hopping" as Abuse of Dominance
Competition Class Actions: Some Joy for the Defense
Competition Class Actions in Canada: The Pendulum Swings to the Defense
Use It Or...... Else: Patent Non-Use as Abuse of Dominant Market Position
Section 11: Good, Bad and Ambiguous
Federal Court of Appeal Delivers Less Clarity on Abuse of Dominance
New Guidance on Canadian Abuse of Dominance Law
Federal Government Proposes to Prohibit "Unjustified" Canada-US Price Discrimination
Competition Class Actions: The Pendulum Swings Back
Behavioural Remedies: Not Dead, Just Resting
In Advertising, Silence Can be Golden - or at least not Actionable
Report from Canada
Federal Budget Suggests Competition Law Changes
Toronto Real Estate Board Abuse of Dominance Case Overturned on Appeal
Canadian Merger Notification Thresholds Increased
The Canadian Competition Tribunal as the Champion of Certainty
Group Buying - A Canadian Case Study
Group Buying - A Canadian Case Study
Report from Canada
Canada's first rejection of an investment on national security grounds
Black Letter Competition Law: The Tribunal Confirms the Rules
What's new with the FAQs
Where's It Made: A Comment on the Product of Canada Guidelines
Court of Appeal dismisses conspiracy claim against joint purchasers
Competition Tribunal Confirms that Abuse of Dominant Market Conduct requires Acts directed at Injuring or Excluding Competitors
Both Sides Now: A Brief Reflection on the Two Sided Market Debate
Competition Bureau Shares Its Thinking on Mergers
Made in Canada guidelines
New techniques – and disclosure – for Canadian merger reviews
Competition Bureau Continues Aggressive Pace of Enforcement
Tank suppliers in hot water with Canadian Bureau
Canada makes changes to Investment Canada regime
The Commissioner of Competition Outlines his Agenda
New abuse of dominance enforcement guidelines
Criminal charges for breach of merger consent order: yikes!
Justice My Lord – Justice and Costs: The Availability and Scale of Litigation and Investigation Costs in Private Competition Act Litigation
Canadian Competition Bureau Releases: Revised Abuse of Dominance Guidelines for Comment
More abuse?: the Competition Bureau proposes revised guidelines on abuse of dominant market position
Mergers made (marginally) easier – Additional guidelines for the competition bureau merger notification issues
Crime Fighters and Civil Defendants – The Line Between Vigorous Prosecution and Defamation
Awarding costs under section 36 of the Competition Act: 321665 Alberta Ltd. v. ExxonMobil Canada Ltd.
Your contest may not be a winner
The erosion of confidentiality safeguards in Canada's merger control regime
Updates to the Canadian merger review process
Remedies in Monopolization Cases
The Canadian Second Request Process: An Evolving Story
Updates To The Canadian Merger Review Process
Watching what you Say – Even when fighting alleged crime
The Complete Canadian Law of Disclaimers
Merger Control - Getting the Deal Through
Competition Bureau Published Revised Merger Review Process Guidelines
Around the World: Canadian Merger Enforcement: Trouble – Just as Promised

News

33 McMillan lawyers recognized in Who's Who Legal Canada 2017
Margaret McNee recognized as Mutual Funds Lawyer of the Year, along with 58 McMillan Lawyers in the 2018 Best Lawyers in Canada Report
McMillan lawyers well-represented in the 2017 Canadian Legal Lexpert Directory
Chambers Global 2017 has ranked McMillan as a leading law firm in several practice areas
McMillan lawyers recognized in Lexpert's Special Edition on Canada's Leading Litigation Lawyers for 2016
Seven McMillan lawyers appear in Lexpert's Special Edition on Canada's Leading Litigation Lawyers 2016
McMillan lawyers are well represented in the 2017 edition of Chambers Canada
McMillan lawyers recognized in Who's Who Legal: Canada 2016
61 McMillan lawyers recognized in The Best Lawyers in Canada 2017
McMillan Lawyers featured in the Lexpert 2016 Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada
McMillan lawyers well-represented in the 2016 Canadian Legal Lexpert Directory
Neil Campbell and McMillan's Competition Group honoured at the 2016 Global Competition Review Awards
McMillan lawyers recognized in 2016 Chambers Global
James Musgrove quoted in Financial Post article on recent Competition Tribunal ruling
McMillan lawyers recognized in Who's Who Legal: Competition 2016
McMillan Plays a Leading Role in the ABA Section of Antitrust Law
McMillan lawyers recognized in Lexpert's Special Edition on Canada's Leading Litigation Lawyers
McMillan lawyers are well represented in inaugural edition of Chambers Canada
McMillan Plays a Leading Role in the CBA Competition Law Section
McMillan LLP hosts book launch of Fundamentals of Canadian Competition Law, Third Edition
60 McMillan lawyers recognized in the 10th Edition of The Best Lawyers in Canada
McMillan Co-Hosts Mergers Program With Bloomberg, New York State Bar Association, and CBA
McMillan Lawyers featured in the Lexpert 2015 Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada
McMillan lawyers are well represented in the 2015 Canadian Legal Lexpert Directory
Commissioner of Competition Introduces Revised Compliance Programs Bulletin at McMillan Event
McMillan's Competition/Antitrust Group Honoured at the 2015 Global Competition Review Awards
What Fresh Hell is This? The Canadian Cartel Class Action System
James Musgrove discusses foreign acquisition of BlackBerry with Lexpert
McMillan lawyers recognized in 2015 Chambers Global
Why any foreign takeover of BlackBerry Ltd would need to pass muster with Canada's top spies
McMillan lawyers named amongst leading Canadian lawyers in global mining by Lexpert
Who's Who Legal: Competition 2015 recognizes three McMillan lawyers
The Legal 500 Canada 2015 recognizes 16 McMillan lawyers
Who's Who Legal: Canada 2014 recognizes 17 McMillan lawyers
McMillan lawyers recognized in the 2015 Best Lawyers in Canada
McMillan lawyers are well represented in the 2014 Canadian Legal Lexpert Directory
McMillan Honoured at Global Competition Review Awards
McMillan lawyers are well represented in the 2014 Chambers Global Directory
Global Competition Review recognizes McMillan's Competition and Antitrust practice
McMillan listed as "Canada Elite" by Global Competition Review (GCR)
Who's Who Legal: Canada 2013 recognizes 21 McMillan lawyers
49 McMillan lawyers recognized in the 2014 Best Lawyers in Canada
Canadian Legal Lexpert Directory 2013 Recognizes 44 McMillan Leading Practitioners
McMillan client wins 2013 CGCA Litigation Management Award
McMillan Achieves Impressive Results in Who's Who of Competition Lawyers
McMillan lawyers are well represented in the 2013 Chambers Global Directory
Five McMillan lawyers recognized in Lexpert's Special Edition Report on Business: Canada's Leading Litigation Lawyers
Former Top Competition Bureau Prosecutor Guy Pinsonnault joins McMillan
47 McMillan lawyers recognized in the 2013 Best Lawyers in Canada
Seven McMillan lawyers featured in the Lexpert 2012 Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada
Canadian Legal Lexpert Directory 2012 Recognizes 39 McMillan Leading Practitioners
McMillan Lawyers are well represented in the 2012 Chambers Global Directory
McMillan hosts an American Bar Association (ABA) Town Hall
McMillan listed as "Canada Elite" by Global Competition Review (GCR)
McMillan hosts an American Bar Association (ABA) Section of Antitrust Law teleseminar

Education

  • University of Toronto, LLB - 1984
  • University of Toronto, Trinity College, BA (Early Modern History & Economics) - 1984
  • Institute of Corporate Directors - 2013

Year Of Call

  • Called to the Ontario bar - 1986

Practices

competition and antitrust
mergers
cartels
class actions
foreign investment review
anti-corruption and fraud
unilateral conduct and distribution practices
marketing and advertising

Industries

automotive
food, beverage and agribusiness
energy
telecommunications
retail

Directorships and Professional Associations

  • Member of the Editorial Board, Federated Press, Competition Law Journal
  • Appointed to Practical Law Canada Advisory Board Member – Competition Law
  • Awarded ICDD Designation from Institute of Corporate Directors, Rotman School of Management, 2013
  • Serves on the Board of various Professional Corporations
  • American Bar Association, Section of Antitrust Law (Member of Council, Liaison to CBA National Competition Law Section, Past Chair, Section of Antitrust Law, Unilateral Conduct Committee)
  • Canadian Bar Association (Past Chair, National Competition Law Section)
  • Toronto Lawyers Association (Past President)
  • Competition Tribunal / Bar Liaison Committee
  • Chief Justice of Ontario's Advisory Committee on Professionalism, Member (2004-2007)
  • The County and District Law Presidents' Association Executive Member (2003 - 2007)
  • International Bar Association (IBA), Competition & Trade Law
  • Toronto Board of Trade, Past Chair, Business Affairs Committee, Past Member, Policy Committee

Teaching Engagements

  • Osgoode Professional Development, Osgoode Hall Law School, York University - Competition Law & Policy, November 2015
  • Instructor, Law Society of Upper Canada Bar Admission Course
  • Guest Lecturer, Competition Law Course, LL. B. Program, University of Western Ontario
  • Guest Lecturer, LL. M. in Trade and Competition Law, Osgoode Hall Law School, York University (Numerous)
  • Guest Lecturer, LL. M. in Competition and Economic Regulation, Osgoode Hall Law School, University of Toronto
  • Guest Lecturer, Competition Law Course, LL. B. Program, Dalhousie University

Community Involvement

  • National Advertising Benevolent Society, Past Board Member and Secretary
  • Rosedale United Church – Past Board Member and Chair of Outreach Committee

Awards & Rankings

  • The Best Lawyers in Canada 2018  - leader in Advertising & Marketing Law and Competition/Antitrust Law
  • 2017 Canadian Legal Lexpert® Directory - consistently recommended: Advertising & Marketing Law and Competition Law
  • Who's Who Legal: Canada 2017 – Competition
    • "The “very smart and well-connected” James Musgrove impresses peers with his “encyclopaedic knowledge” of competition law."
  • Who's Who Legal: Canada 2016 – Competition
    • “James Musgrove is known as “one of the big names” in the area. He is active across industries such as oil and gas, retail and financial services.”
    • “Praised by interviewees from a range of industries for exceptional client-handling.” 
  • Honoree Martindale-Hubbell® 2017 Distinguished Attorney
  • Chambers Global: The World's Leading Business Lawyers 2017, as a leader in the practice area of Competition/Antitrust
  • 2017 Lexpert® US/Canada Cross-Border Guide – Corporate
  • Lexpert®'s Special Edition Report on Canada's Leading Litigation Lawyers 2016
  • The Best Lawyers in Canada 2017 - leader in Advertising & Marketing Law and Competition/Antitrust Law
  • Chambers Canada 2017 - leader in Advertising & Marketing and Competition/Antitrust
  • Who's Who Legal: Canada 2016 - Competition
  • Chambers Global: The World's Leading Business Lawyers 2016, as a leader in the practice area of Competition/Antitrust
  • Lexpert® Guide to Leading US/Canada Cross Border Corporate Lawyers 2017 - Competition Law
  • Winner of Global Competition Review Behavioural Matter of the Year - Americas (Defence of MasterCard)
  • Chambers Canada 2017 - Advertising & Marketing - Canada, Competition/Antitrust
  • Euromoney's Expert Guide 2016 - a world's leading practitioner in the field of Competition and Antitrust
  • Lexpert® Directory of Leading Lawyers 2016 Competition, Advertising and Marketing Law
  • Named Among World's Leading Competition Lawyers by Who's Who Legal 2016
  • Lexpert® Guide to Leading US/Canada Cross-Border Litigation Lawyers in Canada 2016
  • Best Lawyers' 2015 - "Lawyer of the Year" Toronto - Advertising and Marketing Law
  • The Legal 500 Canada 2015 - Competition and Antitrust
  • Listed in Lexpert's 2014/15 List of Leading Canadian Lawyers in Canadian Mining
  • Nominated for Benchmark Canada Award 2014  - Impact Case of the Year - Competition Bureau v. Visa and MasterCard 
  • National Advertising Benevolent Society - Builder Award, 2007
  • Toronto Law Association Award 2010
  • Who's Who Legal 2014, Directory of Best Lawyers
  • Practical Law Company's (PLC) Which Lawyer Canada Cross-Border Competition Handbook

Media Mentions

vcard

James Musgrove is winner of the GCR award for Behavioural Matter of the Year - Americas for his successful defence of MasterCard, in 2014, and was named 2015 Advertising and Marketing Lawyer of the year, Toronto, by Best Lawyers. He is recognized as a leading competition and advertising lawyer by various rating organizations, including Chamber Global, GCR, Lexpert, Best Lawyers and Who's Who Legal, amongst others. He is active in various national and international antitrust organizations.

Leading cases include representation of NutraSweet Company, Suncor, Polaroid, West Fraser and Kraft, amongst others.

  • Member of the firm's Board of Partners and Co-Chair of the Competition and Antitrust Practice Group
  • ABA Section of Antitrust Law, Member of Council, Liaison to CBA National Competition Law Section, Past Chair Unilateral Conduct Committee
  • Member, Competition Tribunal/Bar Liaison Committee
  • Non-Governmental Advisor to the International Competition Network
  • Chair, National Competition Law Section, Canadian Bar Association (CBA) (2007-2008)
  • President, Toronto Lawyers' Association (2005 – 2006)

James practices in the areas of competition, antitrust, foreign investment and marketing law. He advises on antitrust, distribution, and competition law matters, mergers, cartels, investment review, foreign corrupt practices and misleading advertising amongst other issues. He makes regular representations and submissions to the Competition Bureau. He has experience in a wide variety of industries, including financial institutions, oil and gas, electricity, telecommunications. broadcasting, consumer products, retail, automotive, amongst others.

Major Publications

  • Contributor, Merger Control in Canada, Lexology, 2015/2016
  • General Editor, Fundamentals of Canadian Competition Law, CBA/Carswell, (1st, 2nd and 3rd editions) 2007/2010/2015
  • Contributor, "Canadian Advertising and Marketing Law", Thomson Carswell Canada Limited
  • Author, "Competition Law Tab, Volume 1," Canada Corporations Law Reporter ("DCOR"), CCH Canada Limited
  • Editor, Competition Law for the 21st Century, Juris Publishing Inc., 1998
  • Founding Editor/Competition & Trade Contributor, Toronto Law Journal
  • Member of the Editorial Board, Canadian Competition Record (2001-2010)
  • General Editor & Author, Canada Chapter, Terralex Pre-Merger Notification Manual
  • PLC Advisory Board Member - Competition and Antitrust
  • Editorial Board, TerraLex Connections

International Competition Network

  • NGA advisor to Unilateral Conduct, Cartel, Advocacy and Mergers Working Groups of the ICN
  • Canadian Bar Association Competition Law Section delegate to ICN Kyoto, Japan (2005) Annual Meeting) and Lisbon Portugal (2009 Cartel Workshop), Marrakesh Morocco (2014 Annual Meeting), Sydney Australia (2015 Annual Meeting), and Singapore (2016 Annual Meeting)
  • American Bar Association Section of Antitrust Law/FTC delegate to ICN (Istanbul, Turkey (2010 Annual Meeting), Rio de Janeiro, Brazil (2012 Annual Meeting), Washington, DC (2009), Brussels, Belgium (2010) (Unilateral Conduct Workshops) and Washington, DC (2011) (Co-operation Workshop))
  • Contributor to various Unilateral Conduct Working Group Reports and Workbooks, speaker and facilitator at ICN conferences and teleconferences

Mergers

  • Counsel in numerous merger matters including: Rogers/Glentel, Kraft/Cadbury, Philip Morris/Nabisco, Shell/Himont, AXA/Intact, Procter & Gamble/Tambrands, Rogers/Quebecor, Shell/Payless, BBM Canada/Nielsen, West Fraser/Weldwood, Teck/Cominco, Kraft/Nestle, Teck Cominco/Aur Resources, Teck Cominco/Inco, Teck Cominco/Fording, Davis + Henderson/Resolve, Poscor/Triple M, amongst others

Cartels

  • Counsel in various cartel cases, including Liquid Crystal Display, Cathode Ray Tubes, Marine Hoses, Retail Gasoline, Auto Parts, Parcel Tanker Services, Copper Concentrates, Credit Cards, Electrical Contractors, Fine Paper and Compressed Gas

Litigation

  • Leading competition law litigation includes: NutraSweet, West Fraser, MasterCard and Interac before Competition Tribunal, and Polaroid, Air Canada Jazz, MasterCard/VISA and Toronto Port Authority before Ontario/BC/Quebec/Alberta Courts

Advertising

  • Counsel in numerous advertising hearings conducted before Advertising Standards Canada's Trade Dispute Panels, and Chair of Hearing Panel. Negotiation of various alternate case resolutions with Competition Bureau

Counseling

  • Advises on anti-trust, distribution and competition law matters, mergers, agreements amongst competitors, foreign investment, foreign corrupt practices and misleading advertising. Makes regular representations and submissions to the Competition Bureau with respect to mergers, and pricing and distribution of goods and services
October 21, 2016
Astroturfing, Flogging, Endorsements and the Evolving Law in Canada

OBA Advertising and Marketing Law: Social, Digital, Online Compliance Conference

September 2016
Competition Bureau Issues Consent Agreement Template

Competition and Antitrust Bulletin

July 2016
Merger control in Canada
Lexology Navigator Q&A
Spring 2016
What is Substantial Effect? Canada's Unilateral Refusal to Deal Law and the Test for Leave
ABA Section of Antitrust Law, Unilateral Conduct Committee Newsletter, Monopoly Matters, Volume 14, Issue 1 (with J. MacNeil and D. Zhou (student))
February 2016
2016 Canadian Merger Notification Threshold Increases
Competition Bulletin
October 2015
Astroturfing: What's Real Online
Competition and Marketing & Advertising Bulletin
Fall 2015
Putting Compliance on the Agenda in the Aftermath of the Bureau's New Guidelines
Contributor, Practical Law Canada
August 2015
The Fundamentals of Canadian Competition Law, Third Edition
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 
July 2015
Merger control in Canada
Lexology Navigator Q&A
June 2015
Lexology Navigator Merger Control
Lexology
April 2015
Stop the Presses: Post-Sun Merger Approved
Competition Bulletin
February 2015
Canadian Merger Notification Thresholds Increased

Competition Bulletin

January 2015
Canadian Cartel News
Volume 6
What Fresh Hell is This? The Canadian Cartel Class Action System
January 2015
Canadian Cartel News
Volume 5
One Place Where Possession is not Nine Tenths of the Law
January 2015
No More Misleading Advertising Class Actions?
Marketing and Advertising Bulletin
November 2014
Discounts for Antitrust Compliance Programs: A Worthwhile Canadian Initiative
TerraLex Connections Newsletter
October 2014
Canadian Cartel News
Volume 4
The Walls Have Ears – Lots of Them!
October 2014
Canadian Cartel News
Volume 3
The Immunity and Leniency System
October 2014
Canadian Cartel News
Volume 2
Tangible Benefits for Corporate Compliance Programs: Show Us the Money
October 2014
Canadian Cartel News
Volume 1
The Basics
October 3, 2014
Country Specific Pricing as an Antitrust Offence – A Bad Idea that May Come to Canada
TerraLex Connections Newsletter
September 2014
Canada Update – Can Patent Non-Use be an Abuse of Dominant Market Position
American Bar Association, Section of Antitrust Law, Unilateral Conduct Committee Newsletter, Monopoly Matters (with D. Anderson & P. Wells)
Fall 2014
Foreign Corrupt Practices Laws: Implications for the Canadian Natural Resources Sector
J. Musgrove &. M. Podgorny, Asper Review of International Business and Trade Law
August 2014
Country Specific Pricing as a Antitrust Offence – A Bad Idea that May Come to Canada
American Bar Association, Section of Antitrust Law, Pricing Conduct Committee Newsletter – The Price Point, Volume 13, Issue 2
July 2014
Competition Bureau May Challenge "Product Hopping" as Abuse of Dominance
Toronto Law Journal
June 2014
Competition Class Actions: Some Joy for the Defense
Toronto Law Journal
June 2014
Competition Class Actions in Canada: The Pendulum Swings to the Defense
American Bar Association, Section of Antitrust Law, Business Torts and Civil RICO Committee (with D. Kent)
May 2014
Section 11: Good, Bad and Ambiguous
Canadian Competition Law Review
May 2014
Federal Court of Appeal Delivers Less Clarity on Abuse of Dominance
Toronto Law Journal
April 4, 2014
New Guidance on Canadian Abuse of Dominance Law
TerraLex Connections Newsletter
April 2014
Competition Class Actions: The Pendulum Swings Back
Competition Bulletin
March 2014
Behavioural Remedies: Not Dead, Just Resting
Competition Bulletin
Winter 2014
Report from Canada
ABA Section of Antitrust Law, Unilateral Conduct Committee, Monopoly Matters Newsletter
February 2014
Federal Budget Suggests Competition Law Changes
Competition Bulletin
January 2014
Canadian Merger Notification Thresholds Increased
Competition Bulletin
January 2014
The Canadian Competition Tribunal as the Champion of Certainty
Lexpert
December 2013
Group Buying - A Canadian Case Study
The Antitrust Source
December 2013
Group Buying - A Canadian Case Study
The Antitrust Source, Volume 13, Issue 2
Fall 2013
Report from Canada
ABA Section of Antitrust Law, Unilateral Conduct Committee, Monopoly Matters Newsletter
October 2013
Black Letter Competition Law: The Tribunal Confirms the Rules
CBA 2013 Annual Fall Competition Law Conference
September 2013
What's new with the FAQs
Competition Bulletin
July 2013
Where's It Made: A Comment on the Product of Canada Guidelines
Co-authors C.J. M. Flavell and P. Plante-Ajah, Toronto Law Journal
June 2013
Competition Tribunal Confirms that Abuse of Dominant Market Conduct requires Acts directed at Injuring or Excluding Competitors
Toronto Law Journal
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
Made in Canada guidelines
Competition Bulletin
January 2013
Competition Bureau Continues Aggressive Pace of Enforcement
Toronto Law Journal
January 2013
Tank suppliers in hot water with Canadian Bureau
Competition Bulletin
December 2012
Canada makes changes to Investment Canada regime
International Trade Bulletin
December 2012
The Commissioner of Competition Outlines his Agenda
Competition Bulletin
September 2012
New abuse of dominance enforcement guidelines
Competition Bulletin
Summer 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
April 2012
Canadian Competition Bureau Releases: Revised Abuse of Dominance Guidelines for Comment
Antitrust and Trade Regulation Report Vol. 102, No. 2544
April 2012
More abuse?: the Competition Bureau proposes revised guidelines on abuse of dominant market position
Competition and Antitrust Bulletin/TerraLex Newsletter
April 2012
Crime Fighters and Civil Defendants – The Line Between Vigorous Prosecution and Defamation
Toronto Law Journal
March 2012
Awarding costs under section 36 of the Competition Act: 321665 Alberta Ltd. v. ExxonMobil Canada Ltd.
Competition Bulletin
also in ABA Unilateral Conduct Committee Newsletter "Monopoly Matters"
March 2012
Your contest may not be a winner
McMillan Competition and Antitrust Bulletin/Lexology
March 2012
The erosion of confidentiality safeguards in Canada's merger control regime
McMillan Competition and Antitrust Bulletin/Lexology
March 2012
Updates to the Canadian merger review process
ABA Section of International Law "Hot Topics"
March 2012
Remedies in Monopolization Cases
In ABA Unilateral Conduct Committee Newsletter "Monopoly Matters"
March 2012
The Canadian Second Request Process: An Evolving Story
Terralex Newsletter
March 2012
Updates To The Canadian Merger Review Process
Toronto Law Journal
February 2012
Watching what you Say – Even when fighting alleged crime
McMillan Competition and Antitrust Bulletin/Lexology
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
Merger Control - Getting the Deal Through
GCR - Co-Author, Canadian Chapter
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
May 10, 2017
Online Vertical Restraints – Issues in Digital Markets
2017 ICN Annual Conference, Porto, Portugal
April 5, 2016
The Future of the ICN in its Second Decade
Moderator, ICN Roundtable Discussion, Washington, DC
October 3, 2013
Black Letter Competition Law: The Tribunal Confirms the Rules
CBA 2013 Annual Fall Competition Law Conference
May 2, 2013
The Shifting General Impression of Disclaimers
CBA, 2012 Competition Law Spring Forum: Best Practices in a Time of Active Enforcement
April 10, 2013
Two Sided Markets in Canadian Competition Law – A Very Brief History
American Bar Association, Section of Antitrust Law, 61st Antitrust Law Spring Meeting
March 4, 2013
D & O Liability Under the Competition Act
Current Trends in Director & Officer Liability under the Competition Act, Law Society of Upper Canada, Emerging Issues in Directors' and Officers' Liability 2013
July 2012
Legal and Economic Assessment of Exclusive Dealing
ICN Unilateral Conduct Working Group Teleseminar
January 25, 2012
The Complete Canadian Law of Disclaimers
Presented at, The Canadian Institute's 18th Annual Advertising and Marketing Law Conference
January 17, 2012
East & West: Monopolization Updates from Canada and China
Moderator, ABA Unilateral Conduct Committee Town Hall