Tony is Regional Leader of Fasken Martineau’s National Antitrust/Competition & Marketing Group in Toronto and a partner in the Litigation, Class Action and White Collar Crime, Investigations & Compliance groups. Tony advises on all aspects of Canadian competition law, including mergers, criminal/cartel investigations, class actions, advertising and marketing practices and investigations (including price advertising, performance claims and other consumer matters), abuse of dominance and other reviewable practices.
Tony recently re-joined the firm after serving a special appointment as counsel to Canada's Commissioner of Competition from 2014-2016 (Department of Justice Canada). In this role, Tony represented the Commissioner in respect of complaints and investigations, enforcement matters, the review of mergers, major litigated proceedings and the negotiation of remedies and orders. Tony also secured numerous production orders/subpoenas (i.e. section 11 orders) on behalf of the Commissioner and provided advice regarding enforcement guidelines and other policy matters.
Tony has extensive trial and appellate experience and has appeared as counsel before the Competition Tribunal, all levels of court in Ontario, the Federal Court of Canada and the Supreme Court of Canada. Tony has represented clients in investigations under the criminal provisions of the Competition Act, including immunity and leniency applicants, and clients involved in matters under Canada’s Corruption of Foreign Public Officials Act. Tony has also represented clients in matters with multi-jurisdictional and parallel civil and criminal components, including parallel criminal investigations and class action litigation.
Tony has represented parties in a number of Canada’s most significant competition and consumer matters, including the following:
- Acting for the Commissioner of Competition in the Parkland/Pioneer contested merger before the Competition Tribunal, including obtaining an injunction preventing the closure of part of the merger pending the completion of the contested merger application (the first time the Competition Tribunal has ever issued such an injunction in the context of a contested merger).
- Acting for the Commissioner of Competition in the Avis/Budget contested application for deceptive marketing practices before the Competition Tribunal (the first proceeding under the CASL provisions of the Competition Act), including securing a Consent Agreement preventing the respondents from advertising car rentals at prices that are not attainable (i.e., preventing DRIP/partition pricing) and securing a $3 million administrative monetary penalty.
- Acting for the Commissioner of Competition in the Direct Energy abuse of dominance contested application before the Competition Tribunal, including obtaining an order from the Competition Tribunal preserving the Commissioner’s right to prosecute Direct Energy despite its exit from the relevant market during the proceeding (the first time the Competition Tribunal has made such a finding) and securing a Consent Agreement with a $1 million administrative monetary penalty.
- Acting for the Commissioner of Competition in all aspects of the Volkswagen/Audi deceptive diesel emission standards investigation and matter.
- Acting for the Commissioner in numerous complex merger reviews, including Superior Plus Corp./Canexus Corporation, Medtronic/Covidien, Parkland/Pioneer, Acorn Holding/Keurig Green Mountain, Heinz/Kraft; Burger King/Tim Hortons and Alimentation Couche-Tard/Imperial Oil.
- Acting for Toshiba of Canada Ltd. in its multi-faceted challenge of the Competition Bureau’s production orders/subpoena (i.e., section 11 order) seeking to gather information from Toshiba of Canada Ltd.’s foreign parent.
- Acting for multinational companies in connection with international cartel investigations and parallel class proceedings, including companies involved in the automobile part investigations and class action litigation
- Acting for United Parcel Service Canada Ltd. in consumer class proceedings in Ontario, British Columbia and Quebec alleging various unfair consumer practices.
Tony is active in the Leadership of the Canadian Bar Association’s National Competition Law Section and the American Bar Association’s Antitrust Section. Tony currently serves as Chair of the CBA’s Criminal Matters Committee, Vice-Chair of the ABA’s Consumer Protection Committee and editor of the ABA’s Consumer Protection Committee’s International Consumer Development Updates publication. Tony also currently serves as Vice-Chair of the Ontario Bar Association’s Class Action Section.
Tony is co-editor of Fasken Martineau's antitrust/competition and foreign investment blog, the Competition Chronicle. Tony is also a frequent speaker and author on issues of Canadian competition law, class actions, corporate/white collar crime, Canadian anti-corruption law and compliance as well as internal investigations. Tony is an adjunct professor at Osgoode Hall Law School, teaching primarily in the areas of trial advocacy and dispute resolution. Tony’s community involvement includes serving as Vice-Chair to York University’s Alumni Board and a contributor to the Hockey Association for the Developmentally Challenged.
Honours and Awards
- “PwC Next Generation Award”, 14th Annual Business Excellence Awards, Italian Chamber of Commerce of Ontario
- Recognized as a leading Italian-Canadian under the age of 40 by the Italian Chamber of Commerce of Ontario
- Dean's Gold Key, Osgoode Hall Law School
- Dean's Fellow, Osgoode Hall Law School
- Murray G. Ross Award (York University's highest academic honour)
- Torkin Manes Cohen & Arbus LLP Prize (academic excellence and community service)
- Fraser Milner Casgrain LLP Prize (academic excellence and leadership)
- Top Quintile Designation as an Exceptional Negotiator, "Lawyer as Negotiator" course, Osgoode Hall Law School
- Vice-Chair, York University Alumni Association Board of Directors
- Contributor/Instructor, Hockey Association for the Developmentally Challenged
- Director, Osgoode Hall Law School Alumni Association Board of Directors (past)
- Co-Chair, Awards Committee
- Chair, Osgoode Hall Law School Mentorship Program (past)
- Governor, York University (past)
- Senator, York University Senate (past)
- Small Claims Pro Bono Counsel Project, Pro Bono Law Ontario (past)
- Canadian Bar Association, National Competition Law Section
- Chair, Criminal Matters Committee
- Member, Competition Litigation, Mergers, Reviewable Matters/Unilateral and Marketing Practices Committees
- American Bar Association, Section of Antitrust Law
- Vice-Chair, Consumer Protection Committee
- Editor, Consumer Protection Committee's International Consumer Development Updates
- Member, Cartel and Criminal Practice Committee
- Co-Chair, American Bar Association Criminal Justice Section Regional Sub-Committee (Canada) on White Collar Crime
- Ontario Bar Association
- Vice-Chair, Class Action Section
- Member, Civil Litigation Section
- The Advocates' Society
- Chair, Young Advocates' Standing Committee (past)
- Co-Chair, Class Actions Practice Group (past)
- Member, Board Standing Committees (Education and Operations, Governance and Finance Committees) (past)
- Task Forces (Paperless Trials Manuals, Communications with Testifying Experts)
- Co-Chair, Fall Forum 2012 Conference (past)
- Adjunct Professor, Osgoode Hall Law School/Osgoode Professional Development
- Lawyer As Negotiator (course focused on dispute resolution and negotiation theory and practice)
- Intensive Trial Advocacy Workshop (intensive trial advocacy course for lawyers)
- Defence Research Institute
- Toronto Lawyers' Association
- Italian Chamber of Commerce of Ontario
- Canadian Italian Advocates Organization
- Director, Board of Directors