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 Mastercard, the NutraSweet Company, Rogers Communications, Volkswagen, Capital One, Suncor, Polaroid, West Fraser and Kraft, amongst others.

  • Co-Chair of the Competition and Antitrust Practice Group
  • ABA Antitrust Law Section, Member of Leadership, Past Chair Unilateral Conduct Committee/Past  Council Member
  • 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)
  • Founding Editor & Author, Canada Chapter, Terralex Pre-Merger Notification Manual
  • PLC Advisory Board Member - Competition and Antitrust
  • Editorial Board, TerraLex Connections
  • Co-Author, Canada Chapter GCR “Getting the Deal Through, Merger Control”

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, Johnson Controls/Yanfeng, 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. Counsel to Volkswagen with respect to Diesel Emissions issue.

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

Abuse of Dominance in the U.S. and Abroad
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
Recent Trends in Misleading Advertising Enforcement
Closed to Competition? When Do Proprietary Networks Give Rise to Anti-Competitive Outcomes; When Can They Promote Competition, How Can We Tell?
Debate This! The Two Sides to the Top Ten Competition Law Developments Everyone Needs to Know About
ICN Roundtable on Inter-Agency Cooperation
Canada's Environmental Marketing Rules
International Competition Network
Jointly Venturing into Unchartered Territory: The New Conspiracy Law and its Implications for Joint Venture Conduct
Advertising and Marketing Law Update
Competition Bureau Update – Civilly Reviewable Matters II
Top Competition Law Issues Under the New Act
Distribution Issues in the North Atlantic Triangle: Part II: Resale Price Maintenance- The New Lay of the Land
The Great Amendments Debate: Backgrounder
International Competition Network Working Group Unilateral Conduct
Guidance Galore: Selected Comparisons of the Recent U.S., EC and Canadian Abuse of Dominance Enforcement Statements
Single Firm Conduct - Enforcement or Not
Competition Law Course, LL.B. Program
Canadian Antitrust Law for the In-House Practitioner
Rules Affecting Telemarketers
Dealing with the Guilty Plea and Beyond
Unilateral Conduct Working Group
Setting Prices: Exploring Points of Divergence Across Jurisdictions
Developments in the Canadian Law of Price Maintenance and Predatory Pricing
Al Gore Triumphant: Puffery, Environmental Marketing and Other Events of Interest
Mergers: Minimizing the Mess
Economic Tools for the Competition Lawyer
North America and the Globalisation of Antitrust
Mapping the Terrain: An Update on Canadian Competition Law and a Look at the Year Ahead
Symposium on the Interface Between Competition and Intellectual Property
Conquering Legal Challenges Arising from the New Media Explosion - Seizing Opportunities While Minimizing Risk
Developments in the Law of Price Maintenance, Refusal to Deal, and Predatory Pricing and Loyalty Programs and Abuse of Dominance: Canada Pipe
Competition Law Essentials Conference
Loyalty Programs: The Latest from Canada
Managing the Risks and Rewards of Your Multi-Channel Strategy: Achieving Regulatory Compliance and Peace of Mind
Canadian Criminal Competition Law Enforcement: Practical Approaches to Manage Risk and Taking Compliance Seriously: How to Get Religion Without Going Through Hell
CBA Annual Fall Conference on Competition Law
Mergers in the Morning, Abuse in the Afternoon
Practical Tips for Overcoming Traps in the Marketing of Payment Cards in Canada
The Canadian Law of Comparative Advertising: Bigger and Better!
When Should You Dare to Compare: Exploring the Latest Issues Involving Comparative Advertising
Developing an Effective Compliance Program Under the Competition Act : Making the Business Case for Due Diligence
The Price Claim is Right (or is it?): How to Factor Pricing Issues Into Your Marketing Practices
Emerging Issues in Electronic Advertising

Publications

FlightHub Experiences Some Turbulence Courtesy of the Competition Bureau
Canadian National Security Reviews: 10 Takeaways
The Godfrey Decision: Competition Class Action Certification Made (Even) Easier
Getting the Deal Through (Canada Chapter) – Merger Control 2020
2019 Canadian Merger Notification Threshold Increases
Getting the Deal Through (Canada Chapter) – Merger Control 2019
2018 Canadian Merger Notification Threshold Increases
Proposed Changes to the Competition Bureau's Immunity Program Will Undermine Effective Cartel Enforcement in Canada - Comments of McMillan LLP on the Consultation Draft dated October 26, 2017
CETA is Provisionally Implemented — the C$1.5 Billion Threshold Arrives
The Investment Canada Act 2016-17 Annual Report: What's New?
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
Getting the Deal Through – Merger Control 2018 (Canada Chapter)
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
Canadian Competition Bureau Updates Merger Guidelines
Merger Guidelines Updated by Competition Bureau
Canadian Competition Bureau releases revised merger enforcement guidelines
Misleading Advertising: Recent Highlights and Implications
Vote Ontario 2011
The Price, the Whole Price, and Nothing But the Price
Bell Canada agrees to $10 million penalty
Misleading Advertising: What's New at the Bureau and Elsewhere 2009 – 2011
Canada's Environmental Marketing Rules
Buying Groups as a Criminal Offence: 321665 Alberta Ltd. v. ExxonMobile Canada Ltd. and Husky Oil Operations Ltd.
Jointly Venturing into Uncharted Territory: The New Conspiracy Law and its Implications for Joint Venture Conduct
The International Competition Network Unilateral Conduct Working Group - A Brief, Unauthorized, and Idiosyncratic Primer
Canadian Competition Bureau v. Canadian Real Estate Association
Les Laboratoires Servier et al. V. Apotex : Affirmed on Appeal, With a Twist
Patents vs. Competition Law: May the Best Doctrine Win
Refusal to Deal in Canada: A Primer
Canada's Competition Law
Insurance Company Mergers in Canada: A Quick Regulatory Guide
New Merger Rules Raise Legal Concerns
The Great Amendments Debate: Backgrounder
Most Significant Changes to Competition Act in 20 Years Barely Noticed
Damages Awarded For Misleading Advertising for the First Time in Canada
Clampdown on Misleading Advertising
Anti-Cartel and Two-Stage Merger Review Draft Guidelines Seen as Reasonable
First Case in Canada To Award Damages for Misleading Advertising
Les Laboratoires Servier et al v. Apotex: The Patent – Antitrust Turf War Continues
Significant Competition Act Changes
Don't Get Caught by Competition Act Changes
Is Cooperative Bidding a Crime?
CBA Asks For Consultation on Competition Act Change
Guidance Galore: Selected Comparisons of the Recent U.S., EC and Canadian Abuse of Dominance Enforcement Statements
Most Significant Competition Act Changes In More than 20 Years
Government Announces Competition Act Amendments
Class Action Developments
Trade Associations and the Competition Act
Competition Bureau Releases Final Bulletin on Corporate Compliance Programs
Chapter 12 – Canada – Questions & Answers
Recent Developments in Competition Act Class Actions
The International Comparative Guide to Merger Control 2009 – Chapter 12 – Canada
Antitrust Class Actions in Canada: Not So Fast
Canada's Competition Law: Guidance for Insurers
Competition Bureau Releases Draft Bulletin on Sentencing and Leniency in Cartel Cases
The Pro-Sys Case: A Roadblock, or Just a Detour for Antitrust Class Actions in Canada?
A Mixed Bag Review: The Competition Review Panel's Report Contains Many Good Ideas, But There Is Some Lack of Focus
Cooperative Bidding for Equity Positions: Is It a Crime?
Competition Act Class Actions and Indirect Purchasers
Distribution Issues in Canadian Competition Law - An Update on Predatory Pricing Part II
The Implications of the Recent Decision Of The U.S. Supreme Court in Leegin for Distribution Policies in Canada
Competition Bureau Releases Draft Bulletin on Corporate Compliance Programs
The Canadian Law of Price Maintenance and Predatory Pricing - An Update - Part I
Competition Bureau Releases Draft Bulletin on Corporate Compliance Programs
Antitrust Immunity in Canada: The Sequel
Developments in the Canadian Law of Price Maintenance and Predatory Pricing
Competition Law Tab, Volume 1
Al Gore Triumphant: Puffery, Environmental Marketing and Other Events of Interest
Practical Advice for General Counsel During Cartel Investigations
Immunity from Prosecution Under the Canadian Competition Act: The Bureau's Updated Immunity Policy
Canadian Competition Bureau Updates the Rules on Antitrust Immunity
North American Distribution Arrangements and Price Maintenance Dangers
The Sleeping Giant Awakens: A Canadian View of China's Anti-Monopoly Law
Sleeping Giant Awakens: A Canadian View of China's Anti-Monopoly Law
Til Death Us Do Part: Is the Canadian Law of Refusal to Deal Becoming an Increasing Challenge for Efficient Distribution Arrangements in Canada?
Cartels in Canada: Practical Approaches to Manage Risk
Dr. Miles Retires: Leegin's Implications for Canada
'Til Death Do Us Part: Does The Law of Refusal to Deal Make Your Distributor a Lifetime Partner?
The Sleeping Giant Awakes: A Canadian View of China's Anti-monopoly Law
Rocks, Trees and a Substantial Lessening of Competition
No Deal for B-Filer
Hong Kong Poised to Introduce Cross Sector Competition Law
The Canadian Efficiencies Defence: A New Approach
The Law of Refusal to Deal: Distributors as Lifetime Partners?
Loyalty Programs and Abuse of Dominance: Canada Pipe
Developments in the Law of Price Maintenance, Refusal to Deal, and Predatory Pricing
Loyalty Programs: The Latest from Canada
Managing the Risks and Rewards of Your Multi-Channel Strategy: Achieving Regulatory Compliance and Peace of Mind
Efficiencies Again
Canadian Criminal Competition Law Enforcement: Practical Approaches to Manage Risk
How Can You Get Religion Without Going Through Hell: Effective Compliance Programs Under the Canadian Competition Act
The Development of Private Enforcement of the 'Refusal to Deal' Law in Canada
Lilly v. Apotex - The Application of Section 45 to Patent Assignments and Other Issues
Recent Developments in the Canadian Law of Refusal to Deal
Summary of White Paper: Competition Bureau Issues Final Merger Remedies Bulletin
Important Practical Competition Law Issues in Day-to-Day Transactions: Developments in the Law of Predation, Price Maintenance and Refusal to Deal
Gun-Jumping and Due Diligence: Reducing Merger Risks
US Supreme Court Antitrust Cases Impact Canadian Business
Marketing Payment Cards in Canada
The Canadian Law of Comparative Advertising: Bigger and Better!
Developing an Effective Compliance Program Under the Competition Act: Making the Business Case for Due Diligence
The Sears Case as an Object Lesson: The Case for Expedited Advertising Hearings
Competition Law Issues for a Consolidating Insurance Industry
Do Not Call Comes to Canada
New and Improved? Recent Developments in Misleading Advertising Law
Dual Tracking: What a Way to Run a Railroad
Slow But Steady: Developments in the Law of Predatory Pricing, Price Maintenance and Refusal to Deal
Due Diligence: Making the Business Case
The Price Claim is Right (or is it?): How To Factor Pricing Issues into your Marketing Practices
What's in Store for Sears? A Look at the Competition Tribunal's Decision
Competition Act Amendments Tabled: What's in Bill C-19
Stalled on Take Off: Commissioner of Competition v. Air Canada – A Comment
Telemarketing: The Latest Word on the Rules and Their Enforcement
The Deceptive Marketing Practices Reviewable Matters Provisions of The Competition Act
You may already be a Loser: Contests, Promotions and other Fun and Games
Bill C-23 Makes Progress

News

McMillan Lawyers Earn 41 Rankings across 23 Categories in Chambers Canada 2020
71 McMillan Lawyers Named in the 2020 Edition of Best Lawyers in Canada
McMillan lawyers recognized in US/Canada Cross-Border Guide 2019
McMillan Competition and Antitrust Lawyers Accept Leadership Roles with the ABA
60 McMillan Lawyers Recognized in the 2019 Canadian Legal Lexpert Directory
Chambers Global 2019 has ranked McMillan as a leading law firm in several practice areas
McMillan lawyers recognized in the 2019 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada
McMillan Lawyers Recognized in Lexpert's Special Edition on Litigation – 2018
McMillan lawyers are well represented in the 2019 edition of Chambers Canada
65 McMillan Lawyers Named in the 2019 Edition of Best Lawyers in Canada
McMillan lawyers recognized in US/Canada Cross-Border Guide 2018
McMillan lawyers well-represented in the 2018 Canadian Legal Lexpert Directory
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
Who's Who Legal: Canada 2011 recognizes 25 McMillan lawyers
50 McMillan Lawyers recognized in the 2012 Best Lawyers in Canada
James Musgrove discusses the Air Canada / United deal in The Globe and Mail
Canadian Legal Lexpert Directory 2011 recognizes 35 McMillan leading practitioners
McMillan Lawyers are well represented in the 2011 Chambers Global Directory
McMillan lawyers once again recognized by the 2011 Lexpert®/American Lawyer: Leading 500 Lawyers in Canada

Education

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

Year Of Call

  • Called to the Ontario bar - 1986

Practices

competition and antitrust
cartels
mergers
class actions
anti-corruption and fraud
foreign investment review
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

  • Recognized by Chambers Canada (2020) as a leading lawyer in the areas of Advertising & Marketing Law and Competition / Antitrust Law
  • Recognized by Best Lawyers in Canada (2020) as a leading lawyer in the areas of Advertising & Marketing Law and Competition / Antitrust Law
  • Recognized by the 2019 Lexpert Guide to the US/Canada Cross-Border Lawyers in Canada as a leading Canadian lawyer in cross-border practices
  • Recognized in the 2019 Canadian Legal Lexpert Directory as a Most Frequently Recommended lawyer in the area of Competition Law and a Consistently Recommended lawyer in the area of Advertising & Marketing Law
  • Recognized by Chambers Global (2019) as a leading lawyer in the area of Competition / Antitrust
  • Recognized in the 2019 Lexpert / American Lawyer Guide to the Leading 500 Lawyers in Canada: Competition Law 
  • Recognized in the Lexpert Report on Business on Litigation 2018 – Special Edition, as one of Canada’s leading litigation lawyers
  • Listed in Who’s Who Legal Canada: 2018 as a leader in Competition
  • Recognized by Chambers Canada 2019 as a leader in Advertising & Marketing and Competition/Antitrust 
  • The Best Lawyers in Canada 2019 - A leading lawyer in the areas of Advertising & Marketing Law and Competition/Antitrust Law
  • Recognized in the 2018 Canadian Legal Lexpert Directory as a Most Frequently Recommended lawyer in the area of Competition Law and a Consistently Recommended lawyer in the area of Advertising & Marketing Law
  • The International Who’s Who of Competition Lawyers & Economists 2018 
  • Ranked by Lexpert Guide (2018) - a leading US/Canada Cross-Border Lawyer in Canada
  • Global Chambers 2018 - Competition/Antitrust
  • Canada Chambers 2018 - Advertising & Marketing, Competition/Antitrust
  • 2018 Lexpert/American Lawyer Guide - To the Leading 500 Lawyers in Canada
  • The Best Lawyers in Canada 2018  -  Leader in Advertising & Marketing Law and Competition/Antitrust Law
  • Ranked by Lexpert Guide (2017) - A leading US/Canada Cross-Border Litigation Lawyer in Canada
  • 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 Mastercard, the NutraSweet Company, Rogers Communications, Volkswagen, Capital One, Suncor, Polaroid, West Fraser and Kraft, amongst others.

  • Co-Chair of the Competition and Antitrust Practice Group
  • ABA Antitrust Law Section, Member of Leadership, Past Chair Unilateral Conduct Committee/Past  Council Member
  • 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)
  • Founding Editor & Author, Canada Chapter, Terralex Pre-Merger Notification Manual
  • PLC Advisory Board Member - Competition and Antitrust
  • Editorial Board, TerraLex Connections
  • Co-Author, Canada Chapter GCR “Getting the Deal Through, Merger Control”

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, Johnson Controls/Yanfeng, 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. Counsel to Volkswagen with respect to Diesel Emissions issue.

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
November 2019
FlightHub Experiences Some Turbulence Courtesy of the Competition Bureau

Marketing and Advertising Bulletin

October 2019
Canadian National Security Reviews: 10 Takeaways

Competition Law Bulletin

February 2019
2019 Canadian Merger Notification Threshold Increases

Competition and Foreign Investment Bulletin

February 2018
2018 Canadian Merger Notification Threshold Increases

Competition and International Trade Bulletin

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
December 2011
Canadian Competition Bureau Updates Merger Guidelines
TerraLex Newsletter
November 2011
Merger Guidelines Updated by Competition Bureau
Toronto Law Journal
October 2011
Misleading Advertising: Recent Highlights and Implications
Co-authors J. MacNeil and D. Anderson, CBA 2011 Annual Fall Competition Law Conference
October 2011
Vote Ontario 2011
Toronto Board of Trade, What You're Saying Blog
Summer 2011
The Price, the Whole Price, and Nothing But the Price
Toronto Law Journal, Vol. 6, No. 7, Summer 2011
July 2011
Bell Canada agrees to $10 million penalty
Competition and Advertising Bulletin
Also published in Lexology
January 2011
Misleading Advertising: What's New at the Bureau and Elsewhere 2009 – 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
Winter 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
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
Summer 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
Spring 2010
Les Laboratoires Servier et al. V. Apotex : Affirmed on Appeal, With a Twist
Canadian Competition Record
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
November 2009
Canada's Competition Law
Carrier's Competitive Edge, Canadian Insurance Business Magazine
October 2009
Insurance Company Mergers in Canada: A Quick Regulatory Guide
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.
September 2009
New Merger Rules Raise Legal Concerns
Featured in Law Times
September 2009
The Great Amendments Debate: Backgrounder
Co-authors E. Rossman & D. Anderson, Canadian Bar Association 16th Annual Competition Law Fall Conference: Canadian Competition Law the Next 25 Years
June 2009
Damages Awarded For Misleading Advertising for the First Time in Canada
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
First Case in Canada To Award Damages for Misleading Advertising
CCH's Ultimate Corporate Counsel Guide
Spring 2009
Les Laboratoires Servier et al v. Apotex: The Patent – Antitrust Turf War Continues
Canadian Competition Record , Vol. 23, No. 2
April 2009
Significant Competition Act Changes
Report Bulletin IC279, Foreign Investment in Canada News
March 2009
Don't Get Caught by Competition Act Changes
Featured
National Post
Spring 2009
Is Cooperative Bidding a Crime?
Lang Michener InBrief
February 2009
CBA Asks For Consultation on Competition Act Change
Featured
Canadian Lawyer InHouse
February 2009
Guidance Galore: Selected Comparisons of the Recent U.S., EC and Canadian Abuse of Dominance Enforcement Statements
Northwind Professional Institute's, 2009 Competition Law & Policy Forum
February 2009
Most Significant Competition Act Changes In More than 20 Years
Lang Michener Competition & Antitrust Alert
Winter 2009
Government Announces Competition Act Amendments
Co-authored: Esther Rossman and James Musgrove
Lang Michener Competition & Marketing Brief 
Also published in CCH Commercial Times Newsletter , Number 498, January 2009
Winter 2009
Class Action Developments
Lang Michener Competition & Marketing Brief
Winter 2009
Trade Associations and the Competition Act
Lang Michener Competition & Marketing Brief
Winter 2009
Competition Bureau Releases Final Bulletin on Corporate Compliance Programs
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
September 2008
Antitrust Class Actions in Canada: Not So Fast
Lexology
Also published in CCH Commercial Times Newsletter , Number 495
Fall 2008
Canada's Competition Law: Guidance for Insurers
ABA Section of Antitrust Law, Insurance Industry Committee, The Insurance Policy Newsletter
July 2008
Competition Bureau Releases Draft Bulletin on Sentencing and Leniency in Cartel Cases
Lang Michener Competition & Antitrust
Also published in Lexology
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
Cooperative Bidding for Equity Positions: Is It a Crime?
Lexology
Also published in Lang Michener Competition & Antitrust Brief Summer 2008
Summer 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
Competition Bureau Releases Draft Bulletin on Corporate Compliance Programs
Co-authored: Janine MacNeil, Esther Rossman and James Musgrove
CCH Corporate Brief , No. 165
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
Competition Bureau Releases Draft Bulletin on Corporate Compliance Programs
CCH Corporate Brief & Competition and Antitrust Alert
Spring 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
Developments in the Canadian Law of Price Maintenance and Predatory Pricing
Co-author E. Rossman, 56th Annual Spring Meeting of the Antitrust Law Section of the American Bar Association
March 2008
Competition Law Tab, Volume 1
Canada Corporations Law Report ("DCOR"), CCH Canada Limited, Release #381
January 2008
Al Gore Triumphant: Puffery, Environmental Marketing and Other Events of Interest
Co-author E. Rossman, Canadian Institute's 14th Annual Advertising and Marketing Law Conference
November 2007
Practical Advice for General Counsel During Cartel Investigations
Ultimate Corporate Counsel Guide e-newsletter
November 2007
Immunity from Prosecution Under the Canadian Competition Act: The Bureau's Updated Immunity Policy
Canadian Corporate Counsel
October 2007
Canadian Competition Bureau Updates the Rules on Antitrust Immunity
Lang Michener Competition & Antitrust Alert
October 2007
North American Distribution Arrangements and Price Maintenance Dangers
Co-authored: Esther Rossman and James Musgrove
Toronto Law Journal
Fall 2007
The Sleeping Giant Awakens: A Canadian View of China's Anti-Monopoly Law
ICSA Chartered Secretaries Canada, CGQ Corporate Governance Quarterly
September 20, 2007
Sleeping Giant Awakens: A Canadian View of China's Anti-Monopoly Law
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
Cartels in Canada: Practical Approaches to Manage Risk
Co-authored: Patti Phelan and James Musgrove
ACC Docket
Summer 2007
Dr. Miles Retires: Leegin's Implications for Canada
Lang Michener Competition & Antitrust Brief and International Antitrust Bulletin
Summer 2007
'Til Death Do Us Part: Does The Law of Refusal to Deal Make Your Distributor a Lifetime Partner?
Lang Michener Competition & Antitrust Brief and Canadian Corporate Counsel, Volume 17, Number 1
Summer 2007
The Sleeping Giant Awakes: A Canadian View of China's Anti-monopoly Law
Co-authored: S. Szentesi and James Musgrove 
International Antitrust Bulletin
Spring 2007
Rocks, Trees and a Substantial Lessening of Competition
Lang Michener Mergers & Acquisitions Brief
Spring 2007
No Deal for B-Filer
Lang Michener Competition & Antitrust Brief
Spring 2007
Hong Kong Poised to Introduce Cross Sector Competition Law
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
December 2006
Loyalty Programs and Abuse of Dominance: Canada Pipe
Co-author S. Szentesi, CLE BC Conference
December 2006
Developments in the Law of Price Maintenance, Refusal to Deal, and Predatory Pricing
Co-authors S. Szentesi and J. MacNeil, CLE BC Conference
November 2006
Loyalty Programs: The Latest from Canada
Co-author S. Szentesi, The American Bar Association, Section of Antitrust Law and the ABA Center for Continuing Legal Education – Buying Loyalty Revisited: Loyalty Programs in the US, EU and Canada
November 2006
Managing the Risks and Rewards of Your Multi-Channel Strategy: Achieving Regulatory Compliance and Peace of Mind
The Canadian Institute's Customer Acquisition and Retention Summit
November 2006
Efficiencies Again
Co-authored: James Musgrove and Janine MacNeil
Toronto Law Journal
September 2006
Canadian Criminal Competition Law Enforcement: Practical Approaches to Manage Risk
Antitrust Compliance: Prevention is better than Cure – International Bar Association Conference
September 2006
How Can You Get Religion Without Going Through Hell: Effective Compliance Programs Under the Canadian Competition Act
Antitrust Compliance: Prevention is better than Cure – International Bar Association Conference
September 2006
The Development of Private Enforcement of the 'Refusal to Deal' Law in Canada
Competition Law Publication by Federated Press
Fall 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
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
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
Spring 2006
Gun-Jumping and Due Diligence: Reducing Merger Risks
Lang Michener Competition & Antitrust Brief and Federated Press, 2006, Vol Xi, No. 1
April 2006
US Supreme Court Antitrust Cases Impact Canadian Business
Competition & Antitrust Brief
February 2006
Marketing Payment Cards in Canada
Co-authored: Martine Masse, James Musgrove, Janine MacNeil
Canadian Institute Payment Card Compliance in Canada Conference
January 2006
The Canadian Law of Comparative Advertising: Bigger and Better!
Co-author J.R. Beaudrie, The Canadian Institute's 12th Annual Advertising and Marketing Law Conference
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
Fall 2005
The Sears Case as an Object Lesson: The Case for Expedited Advertising Hearings
Canadian Competition Record
Fall 2005
Competition Law Issues for a Consolidating Insurance Industry
Competition & Antitrust Brief
Summer 2005
Do Not Call Comes to Canada
Lang Michener Advertising & Marketing Brief
May 9, 2005
New and Improved? Recent Developments in Misleading Advertising Law
Co-authors D. Edmondstone and J. MacNeil, OBA, Essentials of Competition Law
May 2005
Dual Tracking: What a Way to Run a Railroad
Northwind Professional Institute's 2005 Competition Law and Policy Forum
April 21, 2005
Slow But Steady: Developments in the Law of Predatory Pricing, Price Maintenance and Refusal to Deal
Co-author J. MacNeil, Canadian Bar Association – Quebec Division, Competition Law: Ignore it at your Own Risk
April 2005
Due Diligence: Making the Business Case
Co-author J. MacNeil, Law Society of Upper Canada, Entertainment, Advertising & Media Law Symposium
January 2005
The Price Claim is Right (or is it?): How To Factor Pricing Issues into your Marketing Practices
Co-author J. MacNeil, The Canadian Institute, 11th Annual Advertising & Marketing Conference
Winter 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
November 2004
Competition Act Amendments Tabled: What's in Bill C-19
Co-authored: James Musgrove and Janine MacNeil
Lang Michener Competition & Antitrust Brief
Spring 2004
Stalled on Take Off: Commissioner of Competition v. Air Canada – A Comment
Co-authored: Daniel Edmondstone and James Musgrove
Canadian Competition Record
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
February 2002
The Deceptive Marketing Practices Reviewable Matters Provisions of The Competition Act
4th Annual Advertising and Marketing Law Conference, Insight Information
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
Winter 2001
Bill C-23 Makes Progress
Co-authored: Daniel Edmondstone and J.B. Musgrove
Canadian Competition Record
July 17, 2018
Abuse of Dominance in the U.S. and Abroad
ABA Section of Antitrust Law
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
December 2011
Recent Trends in Misleading Advertising Enforcement
Marketing and the Law: Negotiating the Minefield Conference - Association of Canadian Advertisers
May 19, 2011
Closed to Competition? When Do Proprietary Networks Give Rise to Anti-Competitive Outcomes; When Can They Promote Competition, How Can We Tell?
Moderator, American Bar Association, Section of Antitrust Law's Unilateral Conduct Committee and Intellectual Property Committee, Program
May 2011
Debate This! The Two Sides to the Top Ten Competition Law Developments Everyone Needs to Know About
CBA Competition law Spring Forum 2011
March 2011
ICN Roundtable on Inter-Agency Cooperation
Washington, DC
January 21, 2011
Canada's Environmental Marketing Rules
Canadian Institute's 17th Annual Advertising and Marketing Law Conference
December 2010
International Competition Network
Unilateral Conduct Workshop, Brussels
September 30, 2010
Jointly Venturing into Unchartered Territory: The New Conspiracy Law and its Implications for Joint Venture Conduct
Canadian Bar Association 17th Annual Competition Law Fall Conference
June 2010
Advertising and Marketing Law Update
The Six Minute Business Lawyer 2010, The Law Society of Upper Canada, Continuing Legal Education
March 2010
Competition Bureau Update – Civilly Reviewable Matters II
Competition Law Course, Canadian Competition Bureau
November 18, 2009
Top Competition Law Issues Under the New Act
Canadian Institute's 13th Annual In-House Counsel Congress
October 2009
Distribution Issues in the North Atlantic Triangle: Part II: Resale Price Maintenance- The New Lay of the Land
American Bar Association, Section of Antitrust Law's Unilateral Conduct Committee, International Committee and Distribution & Franchise Committee Teleseminar
September 24, 2009
The Great Amendments Debate: Backgrounder
The Canadian Bar Association 16th Annual Competition Law Fall Conference: Canadian Competition Law the Next 25 Years
March 23, 2009
International Competition Network Working Group Unilateral Conduct
Washington, D.C.
February 11, 2009
Guidance Galore: Selected Comparisons of the Recent U.S., EC and Canadian Abuse of Dominance Enforcement Statements
Northwind Professional Institute's, 2009 Competition Law & Policy Forum
February 2009
Single Firm Conduct - Enforcement or Not
Northwind Professional Institute's 2009 Competition Law & Policy Forum
2009
Competition Law Course, LL.B. Program
Dalhousie University
November 2008
Canadian Antitrust Law for the In-House Practitioner
American Bar Association, Brown Bag Teleconference
June 2008
Rules Affecting Telemarketers
Lang Michener Seminar DON'T CALL US! - New Rules For Telemarketing
April 2008
Dealing with the Guilty Plea and Beyond
Competition, Crime and Punishment: The Practice, Procedure and Substance of Criminal Competition Law presented by the Canadian Bar Association's National Competition Law Section
April 14, 2008
Unilateral Conduct Working Group
Break Out Session, International Competition Network 7th Annual Conference, Kyoto, Japan
March 2008
Setting Prices: Exploring Points of Divergence Across Jurisdictions
56th Annual Spring Meeting of the Antitrust Law Section of the American Bar Association
March 2008
Developments in the Canadian Law of Price Maintenance and Predatory Pricing
56th Annual Spring Meeting of the Antitrust Law Section of the American Bar Association
January 24, 2008
Al Gore Triumphant: Puffery, Environmental Marketing and Other Events of Interest
Canadian Institute's 14th Annual Advertising and Marketing Law Conference
November 2007
Mergers: Minimizing the Mess
Lang Michener Five O'clock Seminar Strategic Communications in Business and Law
October 2007
Economic Tools for the Competition Lawyer
CBA Annual Fall Conference on Competition Law, Gatineau, Quebec
May 2007
North America and the Globalisation of Antitrust
CBA/IBA Joint Spring Competition Law Conference, Toronto
May 2007
Mapping the Terrain: An Update on Canadian Competition Law and a Look at the Year Ahead
Lang Michener National Competition Law Group Seminar, Toronto
March 2007
Symposium on the Interface Between Competition and Intellectual Property
Participant, Ottawa
January 2007
Conquering Legal Challenges Arising from the New Media Explosion - Seizing Opportunities While Minimizing Risk
The Canadian Institute's 13th Annual Advertising and Marketing Law Conference, Toronto
December 2006
Developments in the Law of Price Maintenance, Refusal to Deal, and Predatory Pricing and Loyalty Programs and Abuse of Dominance: Canada Pipe
Competition Law Essentials Conference, The Continuing Legal Education Society of BC, Vancouver
December 2006
Competition Law Essentials Conference
The Continuing Legal Education Society of BC, Vancouver
November 2006
Loyalty Programs: The Latest from Canada
ABA, Section of Antitrust Law and ABA Center for Continuing Legal Education Buying Loyalty Revisited: Loyalty Programs in the U.S., EU and Canada
November 2006
Managing the Risks and Rewards of Your Multi-Channel Strategy: Achieving Regulatory Compliance and Peace of Mind
The Canadian Institute's Customer Acquisition and Retention Summit, Toronto
September 2006
Canadian Criminal Competition Law Enforcement: Practical Approaches to Manage Risk and Taking Compliance Seriously: How to Get Religion Without Going Through Hell
IBA Conference Antitrust Compliance: Prevention is better than Cure
September 2006
CBA Annual Fall Conference on Competition Law
Section Chair and Speaker, Gatineau, Quebec
May 2006
Mergers in the Morning, Abuse in the Afternoon
CBA First Annual Spring Competition Law Conference, Toronto
February 2006
Practical Tips for Overcoming Traps in the Marketing of Payment Cards in Canada
The Canadian Institute's Payment Card Compliance in Canada Conference, Toronto
January 2006
The Canadian Law of Comparative Advertising: Bigger and Better!
The Canadian Institute's 12th Annual Advertising & Marketing Law
January 2006
When Should You Dare to Compare: Exploring the Latest Issues Involving Comparative Advertising
The Canadian Institute's 12th Annual Advertising & Marketing Law, Toronto
November 2005
Developing an Effective Compliance Program Under the Competition Act : Making the Business Case for Due Diligence
Insight Information's Annual Advertising and Marketing Law Conference
January 25, 2005
The Price Claim is Right (or is it?): How to Factor Pricing Issues Into Your Marketing Practices
11th Annual Advertising & Marketing Conference
February 18, 2003
Emerging Issues in Electronic Advertising
5th Annual Advertising & Marketing Law Conference, Insight Information Services