A landfill merger that gave the buyer a monopoly and would prevent prices from falling was saved by efficiencies amounting to one-half of one person’s annual salary, the Supreme Court of Canada ruled recently in Tervita Corp. v. Canada (Commissioner of Competition). The decision establishes a number of important principles for merger analysis under the Competition Act, including the following: The Competition Tribunal may make predictions about the future based on the evidence before it. In determining whether efficiencies brought about by the merger are greater than and offset its anti-competitive effects, the Tribunal should employ a two-step analysis, comparing ... [more] Full article
The transaction size pre-merger notification threshold for 2015 will be $86 million, up from $82 million in 2014, the Competition Bureau announced recently. The new threshold is expected to come ... [more] Full article
Pharmacy management solutions companies TELUS Health and XD3 Solutions recently agreed to make it easier for pharmacists to switch software providers, in order to resolve the Competition Bureau’s concerns that their ... [more] Full article
On December 2, 2014, the Competition Bureau approved the sale of three additional Shoppers stores to Rexall and an independent pharmacist operating under the McKesson banner. Under the Consent Agreement signed between Loblaw ... [more] Full article
Masiel, a Partner of the firm, has a broad commercial litigation practice and represents both national and international clients in a variety of complex business matters. Masiel has expertise in cases involving shareholder disputes, contract disputes, corporate fraud, commercial leasing and real property disputes, breach of trust, professional negligence, D&O claims, and employment matters. Masiel is a tough-minded advocate dedicated to obtaining results for her clients.
John F. Rook, KC, is a senior Canadian litigation lawyer with over 50 years of experience in competition law, commercial disputes, and administrative law. He is recognized as a leading competition litigator and has appeared before Canada’s Supreme Court and key tribunals.
David is a determined and committed advocate for his clients. David has extensive courtroom experience, having successfully appeared as lead counsel in trials, hearings, motions, and appeals. David is also a skillful negotiator, having successfully negotiated the resolution of numerous cases. David is ranked as a leading practitioner in competition law by both Lexpert and Who’s Who Legal, and has been recognized by Best Lawyers for his expertise in corporate and commercial litigation, and competition law. David is also rated as AV Preeminent by Martindale-Hubbell (the highest rating possible), with his peers at competitor law firms noting that David is an “excellent lawyer and advocate”, he is “diligent and creative in his approach”, and “is capable of taking charge in the largest commercial and insurance claims”. David has a broad practice in commercial litigation, insurance law, and competition law.
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