mergers
McMillan's Competition Group has extensive experience representing merging parties, other stakeholders and the Competition Bureau regarding mergers in a wide variety of industries. Chambers and Partners has recognized the group as being able to "creatively and efficiently maneuver in cross border situations." In 2010, McMillan lawyers acted in the majority of the complex M&A transactions reviewed by the Canadian Competition Bureau. For example, we represented clients in three of the five transactions in which the Competition Bureau obtained a remedy, and advised the Competition Bureau in connection with BHP's proposed acquisition of Potash Corp.
We have particular strength negotiating and structuring cross-border mergers and acquisitions, including advice on compliance with Canadian competition law and obtaining necessary government approvals for investments in Canada by non-Canadian businesses. With extensive experience handling transactions subject to the Investment Canada Act, we regularly secure approval from the Minister of Industry under the Act. Our lawyers have helped many clients secure exemptions from the approval requirements, and when necessary have structured certain firm commitments (for example, with respect to employment or future investment) as a condition of obtaining the Minister's approval.
Our lawyers have written and edited leading texts on Canadian and international merger law: Campbell's Merger Law and Practice: The Regulation of Mergers Under the Competition Act (Carswell) and Rowley & Baker: International Mergers – The Antitrust Process (Sweet & Maxwell). In addition, members of the Competition Group are active in the development of international merger policy, acting as non-governmental advisers to the International Competition Network and as the lead advisors to the international Merger Streamlining Group.
Recent representative matters highlights include:
- Advising the Competition Bureau in connection with BHP's proposed $40 billion acquisition of Potash Corp.
- Acting for BASF in connection with its €3.1 billion acquisition of Cognis
- Acting for Schlumberger in connection with its US$11 billion acquisition of Smith International
- Acting for The Coca Cola Company in connection with its US$12 billion acquisition of Coca-Cola Enterprises
- Acting for Novartis in connection with its $28 billion acquisition of a majority ownership interest in Alcon
- Acting for Live Nation in connection with its merger with Ticketmaster
- Acting for Kraft in connection with its £12 billion acquisition of Cadbury
- Acting for Rogers Communications in its joint venture with MTS Allstream regarding mobile telecommunications in Manitoba
For an overview of the Canadian merger control regime, please see:"Canada" Chapter in Getting the Deal Through - Merger Control
Publications / Presentations
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