REPRESENTATIVE WORK

Merger Review, Abuse of Dominance, Competitor Collaboration (Competition Act, Part VIII)

Strategic advice to interested parties re: Competition Bureau merger review and possible purchasers of divestiture assets (2022).

Counsel to market participant - Competition Bureau merger review (2021-22). Advice re: interactions with the Bureau / merger remedies, including re: intellectual property.

Complaint by TekSavvy Services to Commissioner of Competition (2020-21): Counsel to TekSavvy. Alleged abuse of dominance by Bell Canada / Rogers.

Rakuten-Kobo v. Commissioner of Competition: Counsel to Commissioner (2014-2018). E- books litigation (Competition Tribunal, FC). Tribunal jurisdiction defined / Commissioner jurisdiction upheld.

Commissioner of Competition v. Parkland Fuel Corp. (2016/2017): Counsel to Commissioner. Retail gas merger. Competition Tribunal injunction, mediation leading to settlement with divestitures, behavioral remedy.

BCE Inc. acquisition of Manitoba Telephone Services (2017): Counsel to Commissioner. Telecom merger. Settlement leading to divestitures and behavioral remedy.

Commissioner of Competition v. Apple, HarperCollins, MacMillan, Simon & Schuster and Holtzbrinck (2014-2017): Counsel to Commissioner. Competitor Collaboration. Settlement with conduct remedy.

Marketing/Advertising (Competition Act, VII.1)

Nuvocare Health Sciences Inc. (2022): Counsel to Nuvocare. Performance claims under the Competition Act. Settlement with conduct remedy.

The Brick and Leon’s (2018): Counsel to Commissioner of Competition. Deceptive marketing - “drip” pricing. Settlement with conduct remedy.

Reebok/CCM and Bauer Hockey Corp. (2014/2015): Counsel to Commissioner of Competition. Deceptive marketing - performance claims. Settlements with conduct remedies.

Sears Canada (2005): Counsel to Commissioner of Competition. Deceptive marketing - “ordinary selling price”. Litigation before Competition Tribunal / Federal Court (FC). Constitutionality of Competition Act OSP provisions upheld - finding that Sears’ OSP pricingnon-compliant. Prohibition order, AMP.

Regulatory Matters

Re: US Steel Canada Inc. (2016): Counsel to Attorney General of Canada (AGC). Statutory privilege under Investment Canada Act upheld by Ontario Court of Appeal.

Novartis Pharmaceuticals v. Canada (2014): Counsel to AGC. Challenge of Minister’s decision re: listing on Patent Register, Patented Medicines (NoC) Regulations. Dismissed by FC.

Takeda Canada Inc. v. Health Canada: Counsel to AGC (2013). Challenge re: Minister refusal of listing on Register of Innovative Drugs, Food and Drug Regulations. Litigated FC, Federal Court of Appeal (FCA), Supreme Court of Canada (SCC). Decision upheld.

Canada v. United States Steel Corp. (2012): Counsel to AGC. Breach of Investment Canada Act undertakings, constitutionality of $10,000 per day AMP. Litigated at FC, FCA and SCC, constitutionality upheld. Settled - US Steel investment of $250 million.

Mega Int’l Commercial Bank v. Canada: Counsel to AGC (2012). Counsel to Financial Consumer Agency of Canada. Appeal of FCAC decision re: breach of Cost of Borrowing (Banks) Regulations. Dismissed by FC.

CKLN Radio Inc. v. Canada (2011). Counsel to Canadian Radio-television and Telecommunications Commission. Challenge re: revocation of broadcast licence. Dismissed by FCA.

Jockey Canada Company v. Canada (2010/2012): Counsel to AGC. Challenge to Minister’s decision re: “value for duty” under Customs Act. Dismissed by FC. Appeal to Canadian International Trade Tribunal dismissed.

CONTACT ME

ADDRESS

78 George Street - Suite 204 Ottawa, ON K1N 5W1

Email: jsyme@jls-law.ca
Tel: 613.290.3332