![]() ![]() Melanie L. AitkenManaging Principal, Bennett Jones (US) LLP • Head of Competition, Antitrust & Foreign Investment Practice New York - United States aitkenm@bennettjones.com 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 and Virginia Overview 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 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. While serving as Commissioner, Melanie led many high-impact 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. 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 and consumer products. Melanie's recent experience includes Counsel to: SLB in its US$8-billion acquisition of ChampionX; Amazon in its US$8.45-billion acquisition of MGM; Tervita Corporation in its C$2.3-billion merger with Secure; Seagen in its US$43-billion acquisition of Pfizer Inc.; Kissner in its US$3.2-billion acquisition of Windsor Salt; JBS Food Canada in its defense to class action alleging price-fixing; CP in its US$31-billion acquisition of KCS; Tiffany & Co. in its US$16-billion sale to LVMH; Mylan N.V. in its US$12-billion combination with Pfizer Inc.’s Upjohn business; American Airlines in its defense to class action alleging capacity discipline; 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; Starwood Hotels & Resorts Worldwide, Inc. in its US$12.2-billion acquisition by Marriott International, Inc; and Air Transat in its transformative joint venture with Porter Airlines. Melanie is currently Chair Elect of the Antitrust Section of the American Bar Association (Chair 2026-2027). She is also 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. ,,A true expert in her area…she is also a strategic thinker and trusted advisor…,, Select Experience • An insurance software company in its defence of a national class action alleging that it engaged in anticompetitive conduct in the insurance industry • Kohlberg Kravis Roberts & Co., in connection with its C$1.19-billion acquisition of an indirect minority equity interest in the Labrador-Island Link from Emera Inc. • Air Transat A.T Inc. in its transformative joint venture with Porter Airlines. • Amazon Inc. as Canadian competition counsel in its US$8.45-billion acquisition of MGM Studios. • SLB in its US$8-billion acquisition of ChampionX • Tervita Corporation in connection with competition matters and filings related to its merger with SECURE Energy Services Inc. • Seagen Inc., as Canadian competition counsel, in its US$43-billion acquisition by Pfizer Inc. • Stone Canyon Industries Holdings LLC and Kissner Group Holdings, as Canadian counsel, in their US$3.2-billion acquisition of K+S Aktiengesellschaft's North and South American salt business, including Morton Salt and Windsor Salt. • Staples Inc. in its acquisition by Sycamore Partners for approximately US$6.9 billion. • One of the world's largest companies by market capitalization in a Competition Bureau investigation into its third-party pricing policies. • A Canadian airline in a potential joint venture with another airline to enhance its cross-border network. • Quebecor Inc. and Videotron Ltd. as competition counsel in the sale of Freedom Mobile Inc. by Shaw Communications Inc. to Quebecor, in connection with the proposed acquisition of Shaw by Rogers Communications Inc. • Apergy Corporation and its subsidiary in their US$4.4-billion merger with Ecolab Inc.'s upstream energy business, ChampionX Holding Inc. • 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. |