James B. Musgrove

Member, Board of Partners
Co-Chair, Competition and Antitrust Practice Group


Toronto

Tel : 416.307.4078
Fax : 416.865.7048

Email : james.musgrove@mcmillan.ca
VCard : vcard

Professional Activities

  • Partner, member of the firm's Board of Partners and Co-Chair of the Competition and Antitrust Practice Group
  • Chair, National Competition Law Section, Canadian Bar Association (CBA) (2007-2008)
  • President, Toronto Lawyers' Association (2005 – 2006)
  • ABA Section of Antitrust Law, Chair Unilateral Conduct Committee & Past Liaison to Council
  • Member, Competition Tribunal/Bar Liaison Committee

James Musgrove practices primarily in the areas of competition, antitrust, foreign investment and marketing law. He advises on antitrust, distribution, and competition law matters, mergers, cartels, investment review, foreign corrupt practices, misleading advertising and makes regular representations and submissions to the Competition Bureau. 

Mr. Musgrove served for many years on the board of the National Advertising Benevolent Society, and in 2007 was honoured as a "builder" of the organization. He was also honoured by the Toronto Laywers' Association in 2010.

Major Publications

  • General Editor, Fundamentals of Canadian Competition Law, CBA/Carswell, (1st and 2nd editions) 2007/2010
  • Contributor, "Canadian Advertising and Marketing Law", Thomson Carswell Canada Limited
  • Author, "Competition Law Tab, Volume 1," Canada Corporations Law Reporter ("DCOR"), CCH Canada Limited
  • Editor, Competition Law for the 21st Century, Juris Publishing Inc., 1998 
  • Founding Editor/Competition & Trade Contributor, Toronto Law Journal
  • Member of the Editorial Board, Canadian Competition Record (2001-2010)
  • General Editor & Author, Canada Chapter, Terralex Pre-Merger Notification Manual
  • Editorial Board, TerraLex Connections

Special Recognition

James Musgrove is recognized as a leading lawyer in the areas of competition/antitrust and advertising and marketing law in the following publications and directories:

  • Who's Who Legal 2013, Directory of Best Lawyers
  • The Best Lawyers in Canada 2013 - leader in Advertising & Marketing Law and Competition/Antitrust Law
  • Chambers Global: The World's Leading Business Lawyers 2013, as a leader in the practice area of Competition/Antitrust
  • Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada 2012 - Competition
  • Lexpert® Directory of Leading Lawyers - Competition, Advertising and Marketing 2012
  • Lexpert® Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada 2012
  • Lexpert® Guide to Leading US/Canada Cross-Border Litigation Lawyers in Canada 2012 
  • Practical Law Company's (PLC) Which Lawyer Canada Cross-Border Competition Handbook
  • Euromoney's Expert Guide to the World's Leading Competition and Antitrust Lawyers

Membership

  • Canadian Bar Association
  • American Bar Association, Section of Antitrust Law
  • Toronto Lawyers Association
  • Competition Tribunal / Bar Liaison Committee
  • Chief Justice of Ontario's Advisory Committee on Professionalism, Member (2004-2007)
  • The County and District Law Presidents' Association Executive Member (2003 - 2007)
  • International Bar Association (IBA), Competition & Trade Law
  • Toronto Board of Trade, Past Chair, Business Affairs Committee, Member, Policy Committee

International Competition Network

  • NGA advisor to Unilateral Conduct, Cartel, Advocacy and Mergers Working Groups of the ICN
  • Canadian Bar Association Competition Law Section delegate to ICN (Kyoto, Japan (2005) Annual Meeting) and Lisbon Portugal (2009 Cartel Workshop))
  • American Bar Association Section of Antitrust Law/FTC delegate to ICN (Istanbul, Turkey (2010 Annual Meeting), Rio de Janeiro, Brazil (2012 Annual Meeting), Washington, DC (2009), Brussels, Belgium (2010) (Unilateral Conduct Workshops) and Washington, DC (2011) (Co-operation Workshop))
  • Contributor to various Unilateral Conduct Working Group Reports and Workbooks, speaker and facilitator at ICN conferences and teleconferences

Teaching Engagements

  • Instructor, Law Society of Upper Canada Bar Admission Course
  • Guest Lecturer, Competition Law Course, LL.B. Program, University of Western Ontario  
  • Guest Lecturer, LL.M. in Trade and Competition Law, Osgoode Hall Law School, York University
  • Guest Lecturer LL.M in Competition and Economic Regulation, Osgoode Hall Law School, University of Toronto
  • Guest Lecturer, Competition Law Course, LL.B. Program, Dalhousie University.

Representative Work 

Mergers

  • Counsel in numerous merger matters including:  Kraft/Cadbury, Philip Morris/Nabisco, Shell/Himont, AXA/Intact, Procter & Gamble/Tambrands, Rogers/Quebecor, Shell/Payless, BBM Canada/Nielsen, West Fraser/Weldwood, Teck/Cominco, Kraft/Nestle, Teck Cominco/Aur Resources, Teck Cominco/Inco, Teck Cominco/Fording, Davis + Henderson/Resolve, Poscor/Triple M, amongst others

Cartels

  • Counsel in various cartel cases, including Liquid Crystal Display, Cathode Ray Tubes, Marine Hoses, Retail Gasoline, Parcel Tanker Services, Copper Concentrates, Credit Cards, Electrical Contractors, Fine Paper and Compressed Gas

Litigation

  • Leading competition law litigation includes: NutraSweet, West Fraser, MasterCard and Interac before Competition Tribunal, and Polaroid, Air Canada Jazz, MasterCard/VISA and Toronto Port Authority before Ontario/BC/Quebec/Alberta Courts

Advertising

  • Counsel in numerous advertising hearings conducted before Advertising Standards Canada's Trade Dispute Panels, and Chair of Hearing Panel. Negotiation of various alternate case resolutions with Competition Bureau

Counseling

  • Advises on anti-trust, distribution and competition law matters, mergers, agreements amongst competitors, foreign investment, foreign corrupt practices and misleading advertising. Makes regular representations and submissions to the Competition Bureau with respect to mergers, and pricing and distribution of goods and services

publications and presentations

James Musgrove has authored and/or contributed to more than 130 articles, papers and treatises. Recent works include the following:

March 2013
new techniques – and disclosure – for Canadian merger reviews
competition bulletin
January 2013
Competition Bureau Continues Aggressive Pace of Enforcement
Toronto Law Journal
January 2013
tank suppliers in hot water with Canadian Bureau
competition bulletin
December 2012
Canada makes changes to investment Canada regime
international trade bulletin


  • Competition/Antitrust
    • Advertising, Marketing & Promotions
    • Antitrust Litigation
    • Audits & Compliance Policies
    • Cartel & Price Fixing Defence
    • Merger Review Litigation & Notification
    • Pricing & Distribution Advice
    • Privacy
  • Franchising & Distribution
  • Foreign Investment Review
  • Consumer Protection
  • Advertising & Marketing
  • Automotive 
  • Communications
  • Consumer Products / Retailing
  • Financial Institutions / Financial Services
  • Forestry / Paper Products
  • Insurance
  • Manufacturing
  • Mining / Natural Resources
  • Retail
Called to the Ontario bar - 1986

University of Toronto, LLB - 1984

University of Toronto, Trinity College, BA (History) - 1984