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Melanie L. Aitken

Managing Principal, Bennett Jones (US) LLP

Co-Head of Competition, Antitrust & Foreign Investment

T: 416.777.4855

United States of America

Aitken Melanie
 
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Related Services

T: 416.777.4855


United States of America

  • Education
  • Bar Admissions
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Related Services
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Related Services
 
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Melanie Aitken is the Managing Principal of Bennett Jones (US) LLP, which carries on the practice of Canadian law in Washington, DC, in association with Bennett Jones LLP. She is also co-head of the competition and foreign investment practice of Bennett Jones. She specializes in global antitrust and competition law and litigation, working closely with colleagues in our Toronto and other offices.

Melanie served as Canada’s Competition Commissioner, in charge of the Canadian Competition Bureau from 2009 to 2012, having previously served as the Senior Deputy Commissioner leading merger review from 2006 to 2009.

Client Quote

 "A true expert in her area…she is also a strategic thinker and trusted advisor…"

While serving as Commissioner, Melanie led many high-profile civil and criminal matters and worked extensively with leaders of international antitrust authorities around the world on enforcement and policy cases, holding leadership roles in key international organizations, such as the Steering Committee of the International Competition Network. Melanie is credited with revitalizing the Bureau as an active enforcement agency. Most notably, she led the introduction of major amendments to Canada’s competition laws, introducing a US-style second request merger review process in Canada, and a new per se criminal cartel offence. While establishing an unprecedented successful litigation record for the Bureau, Melanie initiated a landmark case that liberalized the Canadian real estate industry by removing rules that prohibited unbundled services, brought cases forward in significant matters (including a challenge to Visa and MasterCard over card acceptance rules, and challenging a merger to monopoly on a major airline merger); during her tenure, the Bureau won the first court-ordered merger prohibition since the 1990s.

Melanie was a partner at Bennett Jones and Davies Ward Philips & Vineberg before joining the Bureau in 2005. She has acted as counsel in the Supreme Court of Canada and, prior to the Bureau, had an active antitrust advisory, trial and commercial practice, representing major Canadian and US companies in significant matters, including as counsel for the merging parties in Superior Propane, Canada’s leading merger efficiencies case.

Melanie has represented clients in a broad range of industries, including financial services, large retail, telecommunications, pharmaceutical, airlines, oil and gas, consumer products and organized sport.

Client Quote

"[Melanie Aitken has] deep expertise in cross-border/international M&A, anti-trust and regulatory matters"

Melanie's recent experience includes Counsel to: Time Warner it its proposed US$85.4 billion acquisition by AT&T; Alere, Inc. in its proposed US$5.3 billion acquisition by Abbott; G+K Services in its US$2.2 billion acquisition by Cintas; St. Jude Medical Inc. in its US$25 billion acquisition by Abbott; Starwood Hotels & Resorts Worldwide, Inc. in connection with its US$12.2 billion acquisition by Marriott International, Inc.; and Canadian Pacific Railway Limited in connection with its proposed US$28 billion merger with Norfolk Southern Corp.

Melanie is a frequent speaker and commentator on competition issues, and has taught as an Adjunct Professor at Osgoode Hall and Queen's Law Schools. She is active on the Board of the Canadian American Business Council, and sits on the Advisory Boards of the Global Antitrust Institute, Schulich School of Business (Toronto, Canada), and W@CompetitionAmericas, and has been appointed a Fellow of the American Bar Foundation.  Melanie also serves as a non-governmental advisor to the International Competition Network, a network of the world's competition authorities fostering convergence to best practices in global antitrust enforcement.

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Education

University of Toronto, BA, 1988  University of Toronto, LLB, 1991, Dean's Key 

Bar Admissions

Ontario, Canada, 1993 Licensed to practice Canadian law as a Special Legal Consultant in the District of Columbia 

Recent Experience

Inuvialuit Development Corporation, as owner of Canadian North airline, in the merger of Canadian North and First Air (owned by Makivik Corporation), to create a Inuit-owned unified northern Canadian airline.
Fiserv, Inc., in its acquisition of First Data in a transaction valued at approximately US$22 billion, to create a leading payments and financial technology provider.
Canadian counsel to Conagra Brands, Inc. in its $10-9 billion acquisition of Pinnacle Foods Inc.
Tervita Corp., completes acquisition of all issued and outstanding common shares of Newalta Corp. and US$250 million senior secured notes offering.
Counsel to Time Warner, in its proposed US$85.4-billion acquisition by AT&T
Canadian counsel to St. Jude Medical, Inc., regarding all competition law matters and filings in connection with its acquisition by Abbott Laboratories for US$25 billion. 
Canadian competition counsel to Alere Inc., in its US$5.3-billion acquisition by Abbott Laboratories
Canadian counsel to Starwood, in a US$12.2 billion transaction regarding all competition law matters and filings in connection with its acquisition by Marriott International, Inc.
Canadian counsel to Canadian Pacific Railway Limited, in its proposed US$28-billion merger with Norfolk Southern Corp.
Advisory counsel to Anheuser-Busch InBev, in its US$103-billion acquisition of SABMiller
Canadian counsel to Cheung Kong (Holdings) Limited and Hutchison Whampoa Limited, in a CAD$84-billion (implied enterprise value) reorganization and combination of their respective businesses and the separation of their non-property and property businesses into two new Hong Kong-listed companies, CK Hutchison Holdings Limited and Cheung Kong Property Holdings Limited. The transaction also involved a transfer of approximately 6 percent of the shares of Husky Energy Inc.
Counsel to Repsol S.A., in its USD$8.3-billion acquisition of Talisman Energy Inc.
Canadian competition counsel to Norbord Inc., in its CAD$763-million acquisition of Ainsworth Lumber Co., Ltd.
Canadian competition counsel to Safeway Inc., in the CAD$5.8-billion sale of substantially all of its Canadian assets to Sobeys Inc.
Counsel to Metalmark Capital, in its US$2.5-billion acquisition of Kissner Milling Company Limited and Kissner Group Inc. by an investor group lead by Metalmark Capital and including Silvertree, a joint venture between Silverhawk Capital Partners and Demetree Salt, LLC, and the Kissner management team
Competition counsel to Enercare Inc., in its acquisition of Direct Energy’s Ontario Home Service Business for CAD$550 million and its CAD$340-million acquisition of Service Experts
Counsel to Darling International Inc., in its acquisition of all the assets of Rothsay, a division of Maple Leaf Foods Inc., for approximately CAD$645 million
Counsel to Energizer Holdings, Inc., in its US$185-million acquisition of the Stayfree® pad, CareFree® liner, and o.b.® tampon feminine hygiene brands from Johnson & Johnson, Inc.
Counsel to Cameron International Corp. in its US$14.8-billion acquisition by Schlumberger Ltd.
Counsel to Mylan Inc., in its US$5.3-billion acquisition of generic drug assets from Abbott Laboratories.

Recent Recognition

Chambers Canada
Expert ranked abroad, Competition/Antitrust (Canada)
Foreign expert, Competition/Antitrust (USA)
Chambers Global: The World's Leading Lawyers for Business
Ranked, Competition/Antitrust (Expertise based abroad in Canada)
The Legal 500: Canada
Leading Lawyer, International Expertise
Recommended, Competition and Antitrust
The Canadian Legal Lexpert Directory
Consistently recommended, Competition Law

 

Legal Media Group's Guide to the World's Leading Competition and Antitrust Lawyers/Economists
Recognized as a leading lawyer in Competition and Antitrust
Lexpert Special Edition - Canada's Leading Litigation Lawyers
Recognized as one of Canada’s leading litigators
Lexpert Zenith Award
Recognized as a leading woman lawyer in Canada
Who's Who Legal: Competition
Recognized globally as a leading competition lawyer in Canada

Insights, News & Events

Announcements

Twenty-four Bennett Jones Lawyers in Leading 500 in Canada

December 13, 2019
       

Announcements

Bennett Jones: Canada’s Leading Litigation Lawyers

November 29, 2019
       

Announcements

Bennett Jones is Top-Tier in The Legal 500

November 18, 2019
       

In the News

Melanie Aitken on the Canadian Competition Bureau and Big Tech

July 24, 2019
       

In the News

Melanie Aitken on BNN Bloomberg on U.S. Calls to Break Up Big Tech

July 22, 2019
       

Announcements

Melanie Aitken and James Comey on Regulating Big Tech

June 11, 2019
       

Speaking Engagements

C.D. Howe Regent Debate on Big Tech with James Comey

June 11, 2019
       

In the News

Melanie Aitken on BNN Bloomberg on Regulation of Big Tech

May 28, 2019
       

Announcements

Bennett Jones in Chambers Global 2019

February 14, 2019
       

Announcements

Bennett Jones Named to GCR 100

January 25, 2019
       

Announcements

Bennett Jones—Lexpert’s Leading Canadian Litigation Lawyers

November 30, 2018
       

Announcements

Bennett Jones in Who’s Who Legal: Canada 2018

November 01, 2018
       

In the News

Melanie Aitken on BNN on Bread Price-Fixing: More to Come?

March 07, 2018
       

Announcements

Bennett Jones in Chambers Global 2018

February 15, 2018
       

Articles

Report Shows Global Shift Towards Behavioural Remedies

February 09, 2018
       

In the News

Melanie Aitken on CTV National News on Bread Price-Fixing

January 31, 2018
       

In the News

Melanie Aitken on BNN Loblaw Price Fixing Case

December 20, 2017
       

Blog

Interesting Times in Competition Policy

November 24, 2017
       

In the News

Melanie Aitken in Law Times on Working with Canada's Competition Bureau

September 25, 2017
       

In the News

Melanie Aitken on BNN on Canada-U.S. Trade Talks

June 15, 2017
       

Guides

Public Mergers and Acquisitions in Canada

May 10, 2017
       

Announcements

Four Bennett Jones Practices Ranked Band 1 by Chambers Global 2017

March 16, 2017
       

In the News

Melanie Aitken in Law Times on Competition Law and Cross-Border Deals

September 22, 2016
       

In the News

Global Competition Review: Annual Brussels Conference and Melanie Aitken

July 04, 2016
       

In the News

Melanie Aitken on Bloomberg TV Canada

January 27, 2016
       

Speaking Engagements

GCR Live 3rd Annual Event

September 18, 2015
       

Blog

Is the Competition Bureau Targeting You? New IP Enforcement Guidelines

June 12, 2015
       

In the News

Melanie Aitken in the Globe and Mail on Competition Bureau's Investigation of Google

May 14, 2015
       

Articles

The Compliance Conundrum in the Electronic Age: A Canadian Perspective

April 15, 2015
       

Announcements

Bennett Jones Receives Top Honours in Four Practice Areas by Chambers Global Rankings

March 18, 2015
       

In the News

Melanie Aitken Interviewed by BNN on Oil and Gas Markets

January 20, 2015
       

Speaking Engagements

Oil and Gas Summit 2015: Fundamentals, Financials, Prices, and Politics

January 19, 2015
       

Related Services

Competition/Antitrust
Government Contracting & Procurement

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