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Melanie L. Aitken

Managing Principal, Bennett Jones (US) LLP

Co-Head of Competition, Antitrust & Foreign Investment Practice

Co-Head of Competition, Antitrust & Foreign Investment Practice | Email

T: 416.777.4855

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Washington

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Melanie Aitken
 
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T: 416.777.4855


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Washington

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  • Education
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  • Recent Experience
  • Recent Recognition
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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.

What Clients Say

 "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, brought cases forward in significant matters (including a challenge to Visa and MasterCard over card acceptance rules, and a challenge to a major airline merger to monopoly); during her tenure, the Bureau won the first court-ordered merger prohibition since the 1990s.

What Clients Say

Melanie is the one Canadian practitioner you would turn to in a “bet the company” merger. She is hard working, always gracious, and clients love her.

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 represented the merging parties in Canada's leading efficiencies case, Superior Propane. Melanie has an active antitrust advisory, trial and commercial practice, representing major Canadian and US companies in significant matters across a broad range of industries, including financial services, large retail, telecommunications, pharmaceutical, airlines, oil and gas, consumer products and organized sport.

What Clients Say

"Melanie is in a class by herself, by far the best Canadian antitrust lawyer I have ever met."

Melanie's recent experience includes Counsel to: Tiffany & Co. in connection with the US$16-billion transaction with LVMH; Mylan N.V. in its US$12-billion combination with Pfizer Inc.’s Upjohn business; American Airlines in its defence to class actions alleging capacity discipline, and Covid-related complaints; Bristol-Myers Squibb in its US$74-billion acquisition of Celgene; Allergan plc. in its US$63-billion sale to AbbVie; Fiserv, Inc. in its US$22-billion acquisition of First Data; Time Warner it its US$85-billion acquisition by AT&T; Alere, Inc. in its US$5.3-billion acquisition by Abbott; St. Jude Medical Inc. in its US$25-billion acquisition by Abbott; and Starwood Hotels & Resorts Worldwide, Inc. in connection with its US$12.2-billion acquisition by Marriott International, Inc.

What Clients Say

"A delight with whom to work, great analyst, well respected by the agency and clients love her."

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 C.D. Howe Institute's Competition Policy 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.

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

Lineage Logistics, an international refrigerated warehousing and storage company owned by Bay Grove Capital, on its acquisition of VersaCold Logistics Services, a Canadian refrigerated warehousing company with fully integrated logistics capabilities, from Torquest Partners, The Investment Management Corporation of Ontario and OPTrust.
Counsel to Mylan N.V., in its US$12-billion combination with Pfizer Inc.'s Upjohn business.
Tiffany & Co., as Canadian antitrust counsel in connection with the US$16-billion transaction with LVMH.
Counsel to Mylan Inc., in its US$5.3-billion acquisition of generic drug assets from Abbott Laboratories.
Bristol-Myers Squibb, as Canadian antitrust counsel, in its US$74-billion acquisition of Celgene Corp.
Canadian counsel to Allergan plc., regarding all competition law matters and filings in its acquisition by AbbVie Inc. for US$63-billion (The Deal Awards 2020 Healthcare, Pharma & Biotech Deal of the Year).
Mitsubishi Heavy Industries, Ltd., in its acquisition of Bombardier Inc.'s Canadair Regional Jet (CRJ) series aircraft program for approximately US$550-million.
Counsel to American Airlines in defense to class actions regarding allegations of capacity discipline; and Covid-related refunds complaints.
Counsel to JPMorgan in defence to class actions regarding allegations of foreign exchange manipulation, and precious metals.
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.
Signify, as Canadian antitrust counsel in connection with its $1.4-billion acquisition of the lighting business of Eaton Corporation.
Tervita Corp., in its acquisition of all issued and outstanding common shares of Newalta Corp. and US$250-million senior secured notes offering.
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.
Enercare Inc., a rental water heater provider, in its successful defense of an abuse of dominance investigation undertaken by the Competition Bureau. The matter was discontinued by the Bureau in September 2019 with no remedies.
Inuvialuit Development Corporation, as owner of Canadian North airline, in the merger of Canadian North and First Air (owned by Makivik Corporation), to create an Inuit-owned unified northern Canadian airline.
Canadian counsel to Conagra Brands, Inc. in its US$10.9-billion acquisition of Pinnacle Foods Inc.
Counsel to Bumble Bee Foods, in a Canadian class action regarding allegations of price-fixing in Tuna.
Canadian counsel to Alere Inc., in its US$5.3-billion acquisition by Abbott Laboratories.
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 counsel to Starwood, in its US$12.2-billion acquisition by Marriott International, Inc.
Advisory counsel to Anheuser-Busch InBev, in its US$103-billion acquisition of SABMiller.
Canadian counsel to Canadian Pacific Railway Limited, in its proposed US$28-billion merger with Norfolk Southern Corp.
Counsel to Repsol S.A., in its US$8.3-billion acquisition of Talisman Energy Inc.
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.
Canadian competition counsel to Norbord Inc., in its CAD$763-million acquisition of Ainsworth Lumber Co., Ltd.
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.
Canadian 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.
Canadian counsel to Cameron International Corp. in its US$14.8-billion acquisition by Schlumberger Ltd.

Recent Recognition

Global Competition Review
Top Women in Antitrust
Expert Guides
Women in Business Law
Competition and Antitrust
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
Most frequently recommended, Competition Law

 

Best Lawyers in Canada
Recognized for Competition / Antitrust 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/American Lawyer Guide to the Leading 500 Lawyers in Canada
Ranked, Competition
Lexpert Special Edition - Canada's Leading Litigation Lawyers
Recognized as one of Canada’s leading litigators
Lexpert Special Edition - Canada's Leading Finance and M&A Lawyers
Recognized as a leading Finance and M&A lawyer
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

Podcast

In Conversation: Workplaces Where Women Thrive

March 08, 2023
       

Updates

IWD 2023: Workplaces Where Women Thrive

March 08, 2023
       

Announcements

Chambers Global Ranks Bennett Jones Lawyers in 2023 Edition

March 06, 2023
       

Related Services

Competition/Antitrust
Government Contracting & Procurement
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