Brian A. Facey Competition & Antitrust - Canada

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Blake, Cassels & Graydon
199 Bay Street Suite 4000,
Commerce Court West Toronto
ON M5L 1A9​, Canada​

Tel: 416-863-4262
Fax: 416-863-2653

Email: brian.facey@blakes.com
Web: www.blakes.com

Brian is the Chair of our Competition, Antitrust & Foreign Investment group, widely regarded as the leading competition law practice in Canada.He is past chair of the Canadian Bar Association’s National Competition Law Section and current chair of its International Committee.According to Who’s Who Legal: Canada 2014, Brian is the most highly nominated lawyer in this practice area in Canada.

For more than 20 years, he has advised clients in hundreds of regulatory matters, including cross-border and domestic merger transactions, criminal cartel cases, class actions, and distribution and advertising matters under the Competition Act.

Brian was an adjunct professor for more than a decade, and is a scholar in the area of competition law whose Treatises have been cited by all levels of courts in Canada, including recently the Supreme Court of Canada for his work on efficiencies and strategic mergers. Brian has also appeared on behalf of clients before the Competition Bureau, the Competition Tribunal, the Federal Court, the Federal Court of Appeal and various levels of Ontario courts.

A key part of his practice also involves advising foreign investors under the provisions of the Investment Canada Act and the State-Owned Enterprise Guidelines, which regulate the acquisition of control of Canadian businesses, by non-Canadians.

Competition Law Practice:

Competition law is undergoing rapid changes. In Canada, the Competition Bureau is aggressively deploying its investigative and enforcement powers and is displaying a renewed readiness to litigate. As a result, both Canadian and global entities are finding merger reviews more onerous, competitive activities more closely scrutinized, and compliance programs and counselling more important than ever before.

Guiding the world’s leading companies through these unprecedented challenges requires a combination of strategic insight and demonstrated expertise. The Blakes Competition & Antitrust group is repeatedly acknowledged as the leading practice in Canada. Our leadership in this area is reflected in our formidable team of Canada’s top-ranked and experienced practitioners whose work has shaped the very nature of competition law in this country.

Blakes is frequently retained by major domestic and international companies and by international and domestic law firms to provide strategic counsel and representation in merger reviews, cartel investigations, abuse of dominance cases, distribution practices, advertising matters and other competition issues. Blakes is also a leading firm with respect to securing merger approvals for non-Canadian purchasers under Canada’s foreign investment laws, which are typically required in all transactions where a non-Canadian purchases a Canadian business.

Blakes has a proven track record of success in acting for clients on multinational transactions and investigations involving co-ordination among counsel and agencies in the United States, Europe and other jurisdictions. We understand how competition laws fit within the broader context of complex corporate transactions and business affairs generally. Blakes can draw on the Firm’s vast resources and leading expertise in related practice areas, such as litigation, securities and intellectual property. Our experience and proven expertise allow us to provide clients with the timely, practical and strategic advice necessary to ensure compliance with competition laws while facilitating their transactions and assisting them in realizing their business objectives.


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