Emrys Davis

Emrys Davis is a litigator focusing on competition/antitrust issues and class actions.

Competition/Antitrust

Emrys regularly represents clients before Canada's Competition Bureau in criminal antitrust and civil regulatory investigations, as well as in merger review proceedings. He has extensive experience working both for and against Canada's Competition Bureau, including as trial counsel to the Commissioner of Competition in his complex and lengthy abuse of dominance application against the Toronto Real Estate Board. The Competition Tribunal granted the Commissioner's application in April 2016 after nearly five years of trials and appeals. Emrys' work for and against the Competition Bureau gives him a unique perspective that he brings to help clients achieve creative and practical results in their dealings with the Bureau.

Class Actions

Emrys acts for clients in national class actions related to numerous auto parts, lithium ion rechargeable batteries, compressors, cathode ray tubes, optical disk drives, capacitors, resistors, foreign exchange markets, and airfares. He has acted in several matters that have shaped the certification standard following the Supreme Court of Canada's seminal decisions granting indirect purchasers a cause of action under Canada's Competition Act. Emrys' experience and practical approach to litigation has helped clients achieve favourable results.

Emrys is a Vice-Chair of the Competition Litigation Committee of the Canadian Bar Association's Competition Law Section and writes frequently on competition/antitrust issues and class actions.

Emrys volunteers as duty counsel to self-represented parties appearing in the Toronto Superior Court, providing summary advice and other assistance as part of the Pro Bono Law Ontario Duty Counsel Project.

Select Experience

• Panasonic in the defense of class actions related to compressors, cathode ray tubes, auto parts, lithium ion rechargeable batteries, optical disk drives, resistors and capacitors.
• The Commissioner of Competition in his successful abuse of dominance litigation against the Toronto Real Estate Board: The Commissioner of Competition v The Toronto Real Estate Board, 2016 CACT 7.
• Parkland Fuel Corporation in its defense of its acquisition of Pioneer Energy including the successful defence of a requested hold separate order in eight of fourteen local communities in issue (The Commissioner of Competition v. Parkland Industries Ltd, 2015 CACT 4) and resolution of the litigation through the first ever mediation before the Competition Tribunal in March 2016.

Recent Publications

• Focussing on What Matters: The Court Refuses to Grant Broad Section 11 Orders in the Commissioner's Bell/MTS Inquiry
• Immunity, Sanctions and Settlements 2016
• Privilege and Waiver: Disclosure Requirements for Parties in the Canadian Competition Bureau's Immunity and Leniency Programs

Blog Posts

• Predictability for Antitrust Leniency Applicants: Supreme Court of Canada establishes high threshold for judicial intervention with jointly recommended sentences
• Is This the End for Global Classes? Foreign Class Claimants and the Real and Substantial Connection Test
• Canadian Procurement Changes are Good News for the Bureau's Leniency Program

Recent Recognitions

• 2017, Who's Who Legal: Competition

  Emrys Davis, recognized as a future leader - Competition

News & Speaking Engagements

• Emrys Davis in the Financial Post on Expert Evidence in Class Actions
• Emrys Davis in the Financial Post on Standards for Class Action Certification