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Competition, Antitrust & Foreign Investment

  • Overview
  • Who To Contact
  • Representative Matters
  • Recent Developments

Competition and foreign investment regulation can determine whether a transaction proceeds, is delayed or is blocked altogether. The Aird & Berlis Competition, Antitrust & Foreign Investment Group combines legal expertise, practical insight and a deep understanding of regulatory priorities to guide clients through these critical matters.

We advise clients from the earliest stages of transaction planning and business strategy, helping them anticipate enforcement trends and structure their activities to mitigate regulatory risk. Our lawyers bring deep, specialized knowledge across regulated sectors, guiding clients through merger approvals under the Competition Act and advising on the Canadian foreign ownership regime under the Investment Canada Act, including national security reviews. As part of broader deal teams led by our Mergers & Acquisitions Group, we have supported domestic and multi-jurisdictional merger transactions across diverse industries such as real estate, energy, telecommunications and financial services.

We maintain regular working relationships with the Competition Bureau and the Investment Review Division of Innovation, Science and Economic Development Canada to facilitate merger clearance and foreign investment approvals. In addition, we counsel clients on both the civil and criminal aspects of the Competition Act, including competitor agreements, pricing practices, resale price maintenance, abuse of dominance, deceptive marketing claims and related compliance matters, as well as private actions and proceedings before the Competition Tribunal and the courts.

Our Competition, Antitrust & Foreign Investment Group works closely with colleagues across our Toronto and Vancouver offices, including corporate, litigation, regulatory, technology, intellectual property and international trade teams. This collaborative approach allows us to provide integrated solutions that address the full spectrum of transactional and regulatory needs.

Our core services include:

• Merger Control & Clearance: Strategic planning for transactions, including pre-merger notifications, substantive competition analysis, remedy negotiations and the securing of timely regulatory approvals.

• Foreign Investment Review: End-to-end support for Investment Canada Act filings, including net benefit reviews, national security assessments, cultural sector reviews and mitigation strategy development.

• Cross-Border Co-ordination: Co-ordination of Canadian merger control and foreign investment reviews with global antitrust and regulatory filings to support seamless multi-jurisdictional transaction execution.

• Competition Compliance & Advisory: Practical guidance on competitor collaborations, pricing, distribution and marketing practices, including the design and implementation of tailored compliance programs and internal policies.

• Marketing & Advertising Practices: Advice on deceptive marketing, ordinary price and performance claims, promotional contests and influencer marketing, including risk assessment and defence of enforcement actions.

• Restrictive Trade Practices & Civil Matters: Strategic advice on unilateral conduct, abuse of dominance, tied selling, competitor collaborations and other reviewable practices, including the defence of investigations, private actions and proceedings before the Competition Tribunal and the courts.

• Cartels & Investigations: Representation in Competition Bureau investigations and enforcement matters, including bid-rigging, price-fixing and market allocation allegations, search and seizure matters, as well as immunity and leniency applications.

Whether facilitating transactions, managing regulatory reviews or addressing compliance challenges, our Competition, Antitrust & Foreign Investment Group provides pragmatic advice that enables clients to make informed business decisions with confidence. 

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Representative Matters

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