Antitrust & Competition
Company restructurings, mergers and acquisitions in all markets are constantly under the scrutiny of government regulators. Businesses require expert antitrust and competition counsel to keep within regulations during such transactions, while staying true to their core business objectives.
Bennett Jones counsels clients in all aspects of antitrust litigation and competition regulation. We have represented national and international clients, as well as the Commissioner of Competition, nationally before the Competition Bureau, in the Competition Tribunal and in the courts, and internationally before various competition review authorities. We have provided counsel on a full range of antitrust issues involving complex merger transactions, international cartel prosecutions, and predatory practices involving pricing, marketing and distribution. In our varied practice we have acted on behalf of national and international corporations, manufacturers, distributors, and company directors and officers involved in the energy, pipeline, financial, telecommunications, electronics and textile industries. We have assisted clients in securing negotiated resolutions with the Competition Bureau and dealing with significant criminal and civil matters, both public and private in nature.
Merger review continues to be a high priority for regulatory authorities in Canada and abroad. We are retained frequently to coordinate pre-merger strategy and conduct pre-merger notification of transactions across multiple jurisdictions. We have excellent working relationships with competition counsel worldwide, which allow us to lead negotiations and advocate competition issues effectively on behalf of clients whose interests span the globe.
Competition regulators are increasingly investigating criminal and quasi-criminal behavior involving business practices and regulatory compliance. We have represented clients in disputes involving relationships with customers and competitors, including pricing policy matters such as price fixing, suggested resale prices, minimum advertised pricing programs, rebates and promotional allowances. We have counselled clients in marketing and distribution disputes involving exclusive relationships, territorial restrictions, and abuse of dominance. All these issues and more have given rise to a substantial increase in class litigation and we have broad experience litigating in this multi-party environment.
Our lawyers also are active in providing routine advice on business transactions that may raise antitrust issues. With the support of the multi-disciplinary business law practice of the firm, we design workable solutions and compliance programs to minimize clients' risks of facing anti-competitive behavior allegations.