The Canadian Bar Association : Expanded private rights of action for reviewable practices: What should a new regime look like? (Recording)

Benjamin J.A. Hackett

Goodmans LLP
Toronto, ON

Ben Hackett is a partner in the Litigation Group at Goodmans. He practices commercial litigation, with an emphasis on intellectual property litigation. Ben has been counsel on a number of significant cases involving patent validity and infringement, damages and profits quantification and recovery under section 8 of the Patented Medicines (NOC) Regulations on behalf of generic clients. He has also acted on a number of judicial reviews and damages claims against the Federal government. Additionally, Ben has acted as counsel on actions before the Federal Court seeking recovery under the Competition Act. He appears regularly at the trial and appeal levels of the Federal Courts and has appeared before the Supreme Court of Canada

Nikiforos Iatrou

McCarthy Tétrault LLP
Toronto, ON

Nikiforos (Niki) Iatrou is a partner in the firm’s Competition/Antitrust and Foreign Investment Group in Toronto. Described by a former Commissioner of Competition as "someone with terrific common sense, very good intuition, and wisdom beyond his years" (Precedent Magazine, 2014), Niki is regarded by Chambers and other leading directories as one of Canada’s top competition litigators. He is routinely retained by Canadian and multinational clients seeking competition compliance advice or involved in antitrust investigations. He focuses on high-stakes, contentious competition issues, including mergers, criminal cartels, abuses of dominance, false and misleading advertising claims, and competition class actions. He is adept at helping clients navigate complex regulatory investigations, and advocating before courts and administrative agencies on their behalf. Recent examples of his work include acting for Rakuten Kobo in Canada’s eBooks case, where Niki successfully obtained the first-ever injunction against the Commissioner and the first-ever order of the Competition Tribunal rescinding the Commissioner’s consent agreement with various eBook publishers. Niki’s creative approach to litigating competition law saw him obtain leave of the Tribunal to bring a private action against music publishing companies, one of the few instances of the Tribunal allowing a private party, rather than the Commissioner of Competition, to bring a private application before it. In class actions, Niki has acted in the auto-parts cases, for individuals implicated in the polyurethane foam case, and is currently acting in two pending class actions involving the sub-sovereign bond market. Niki was previously counsel to Canada’s Commissioner of Competition, enabling him to provide clients with unique insight and a deep understanding of how the Competition Bureau operates. While there, Niki acted as lead counsel for the Commissioner before the Competition Tribunal and the Federal Court of Appeal on the CCS/Tervita case, which continues to be Canada’s leading case on merger challenges and efficiencies. Niki was also counsel to the Commissioner on dozens of high-profile mergers, including Suncor/Petro-Canada (retail gas), BFI-Waste Services Inc. (commercial waste), Bell/Rogers/MLSE (broadcasting), and BHP-Billiton/Potash Corp. (potash mining). He has been repeatedly recognized in Chambers Global, Chambers Canada, and the Global Competition Review as a leader in corporate commercial litigation and competition law and is also featured in Who's Who Legal: Competition Future Leaders – Partners 2018. A former clerk for the Court of Appeal for Ontario, Niki frequently speaks at conferences both in Canada and internationally and plays leadership roles in the Canadian and American Bar Associations' competition law committees. He is widely published, most recently as editor of Litigating Competition Law in Canada (LexisNexis Canada, 2018). The publication focuses on the advice needed to advance or defend competition litigation in Canada and is the only Canadian textbook dedicated to the topic. He also is a co-author, with former Supreme Court of Canada Judge the Hon. Thomas Cromwell and Bryan Finlay QC of Witness Preparation: A Practical Guide (Thomson Reuters, 2018), now in its 4th edition.

Jeny Maier

xinn, Veltrop & Harkrider LLP
,

Jeny Maier guides major corporations through large, strategic M&A transactions, using her significant experience to advise on pre-merger notification requirements and substantive competitive issues. Jeny helps clients navigate antitrust issues throughout the life cycle of a transaction, from initial risk analysis and due diligence, to negotiating merger agreement terms, through antitrust agency review, investigation and, where needed, remedies. She also regularly counsels clients who are third parties contacted by the antitrust agencies in connection with merger investigations. Described in Who’s Who Legal as a “great competition lawyer with strong expertise in merger cases” and the “knowledge and ability to provide clear and prescient insight” in to the competition world, Jeny is a sought-after antitrust advocate. In addition to her deal work, Jeny also has considerable experience assisting clients with responding to civil and criminal antitrust investigations, and defending related class-action litigation. Jeny also advises clients on antitrust issues relating to pricing practices, distribution and marketing arrangements, intellectual property license agreements, and standard setting activities. Jeny works with clients in a variety of industries, including health care, pharmaceuticals, technology, manufacturing, telecommunications, and transportation. She has worked on a number of major deals in these industries, including Sunrun’s $3.2 billion acquisition of Vivint Solar; McKesson's $3.4 billion joint venture with Change Healthcare; Dell’s $67 billion acquisition of EMC; Johnson Controls International $2 billion sale of its Scott Safety business to 3M; and Stanley Black & Decker’s $900 million purchase of the Craftsman brand from Sears Holdings. Jeny has been named a "Future Leader" in competition law by Who's Who Legal every year since 2017. Additionally, Legal 500 named her a "Bright Rising Star" in the area of antitrust law. She is active in the leadership of the American Bar Association Antitrust Section, serving as a Vice Chair of the Section's Corporate Counseling Committee. Before joining Axinn, Jeny spent ten years in the antitrust practice of a global law firm. Prior to that, she served as a legal intern for the Federal Trade Commission, Bureau of Competition, and for the US Department of Justice, Antitrust Division (National Criminal Enforcement Section).

Gajan Sathananthan

McCarthy Tétrault LLP
Toronto, ON

Gajan is an associate in Osler’s Competition and Foreign Investment Group. Gajan’s practice covers all areas of competition/antitrust, foreign investment and international trade. He has advised on several of Canada’s most high profile and complex transactions, assisting his clients obtain clearances under the Competition Act and Canada’s foreign investment regime, the Investment Canada Act. Gajan also advises on the conspiracy and other criminal and civil provisions of the Competition Act, including matters relating to domestic and international investigations and prosecutions, internal investigations, and responding in real-time to investigations by the Competition Bureau and other regulators. Gajan also advises multinational and domestic businesses on how Canada’s international trade agreements and laws related to trade with foreign countries may impact their business. Specifically, he has advised on international trade policy, international trade strategies, and market- access concerns, including economic sanctions, export and import controls and trade remedies. He has also represented clients in front of the Canadian International Trade Tribunal.

David Vaillancourt

Affleck Greene McMurtry LLP
Toronto, ON

David is a determined and committed advocate for his clients. David has extensive courtroom experience, having successfully appeared as lead counsel in numerous trials, hearings, motions, and appeals. David is also a skillful negotiator, having successfully negotiated the resolution of dozens of cases. David is 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.