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Competition, Marketing & Foreign Investment


Compete to win.
With more former enforcers than any other Canadian law firm, no team is better equipped to help you succeed before competition, consumer protection and foreign investment authorities. And when necessary, we vigorously defend regulatory enforcement and private litigation.
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Overview

Your business focus is on growth, development and sustainability—key strategies you intend to implement will impact your customers, suppliers or competitors—and may result in enhanced scrutiny by competition authorities. To promptly and appropriately navigate and address these challenges the Competition, Marketing & Foreign Investment (CMFI) team at Fasken stands ready to help you get the best outcome, through timely and practical advice.

Leading companies around the world look to us for competition law advice on their daily operations and their most significant commercial transactions. Our lawyers have vast experience in all aspects of competition, marketing and foreign investment law. We are regularly retained to advise on and represent multinational corporations (MNCs) in the Canadian and South African aspects of global mergers and acquisitions. We also defend clients in domestic and cross-border competition investigations and prosecutions, as well as private actions, including class actions. Our clients operate in various sectors, including information technology, telecommunications, transportation, pharmaceutical, financial services, agricultural, food, consumer electronics, automotive, mining, energy, manufacturing and retail.

Our practical and timely outcome-focused advice to clients on their business practices, is a key reason why our clients trust us to secure the best possible outcomes in sophisticated and complex matters related to criminal cartel investigations, strategic mergers and joint ventures and allegations abuse of dominance/monopolization. We provide pragmatic and creative solutions to minimize risk and ensure compliance with Canadian and South African competition and foreign investment laws.

Our CMFI team includes several highly regarded lawyers in the field, with an impressive range of private practice and public sector experience. Our lawyers are ranked in GCR 100 - Global Competition Review; Chambers Global, Canada, and South Africa; Legal 500; Who’s Who Legal; Best Lawyers; and Canadian Legal Lexpert Directory. Many of our lawyers and advisors serve as non-governmental advisors to the Canadian Competition Bureau and the Competition Commission of South Africa at the International Competition Network (ICN).

Our team boasts a number of former regulatory enforcers, including the former Commissioner of Competition, the Senior Deputy Commissioner, Cartels Directorate and counsel to Canada’s Commissioner of Competition (Department of Justice Canada). These combined backgrounds provide the group with significant experience and invaluable insight into enforcement policy and practice that can be applied to our clients’ transactions and business practices.

Before you go to market, we can create programs that keep you on the right side of competition, marketing, and foreign investment laws, including audits, dawn raid training, in-house counsel workshops and in-person and online compliance training.

For timely news, commentary and insights on select developments in Canadian and South African competition law, visit our group’s blog, the Competition Chronicle.

Areas of Expertise

  • Abuse of Dominance, It is essential to ensure wherever you do business, it is conducted in alignment with competition laws. However, whether your business finds itself faced with allegations of anticompetitive practices or is on the receiving end of such practices, this conduct exposes your company to serious reputational and financial consequences.
  • Cartels & Criminal Investigations, If your company is faced with cartel and/or other criminal investigations, the financial cost is likely to be in the millions, if not billions of dollars globally, not to mention the reputational damage and the other far-reaching consequences that you have yet to think of, much less consider a strategy to address.
  • Competition Compliance & Risk Management, To ensure your business is on the right side of Canada’s Competition Act and by extension not be faced with heavy/significant fines and/or other more serious consequences, it is essential to implement appropriate compliance programs and manage for associated risks.
  • Competition Litigation, including Class Actions, Class actions and allegations of competition law violation threaten your company’s ability to conduct daily business, complete mergers and build your brand at home or abroad.
  • Foreign Investment, Foreign investments are now more than ever subject to enhanced scrutiny. On top of this, the Investment Canada Act—that provides for the notification and review of certain business investments by non-Canadians—includes an opaque and increasingly utilized national security review regime.
  • IP & Competition, Intellectual property (IP) encourages the creation of varied information and intellectual goods, enabling consumers to choose between competing suppliers of the same types of goods and services.
  • Marketing & Advertising, Marketing and advertising and other consumer protection laws are being enforced more aggressively throughout the world, particularly in the digital marketplace.
  • Marketing & Privacy, Consumer data rights are gaining more attention across the globe as more consumers come to rely on data-driven services in the digital economy. Consumer data rights include fundamental rights to privacy, as well as a range of measures that aim to provide consumers with greater control over their data. Privacy, competition and anti-spam laws all have a role to play when it comes to data privacy.
  • Merger Review & Control, Looking to complete a merger and/or acquisition? If yes, then odds are this M&A transaction must be assessed to determine whether merger control filings or foreign investment reviews are required in Canada, South Africa or other jurisdictions, and whether such transactions give rise to any substantive competition law concerns.
  • Trade Associations, Trade associations serve legitimate business objectives, such as advocating for the industry and educating consumers.

Achievements

  • Recognized as Tier 1 in Advertising and Marketing Law, The Best Lawyers in Canada 2020 to 2026
  • Named Law Firm of the Year in Advertising and Marketing Law, Best Law Firms (Released by Best Lawyers) 2026
  • Recognized in South Africa in Competition and Antitrust law, Best Lawyers 2022 to 2026
  • Ranked nationwide in Competition/Antitrust , Chambers Canada 2018 to 2026
  • Ranked nationwide in Canada in Competition/Antitrust , Chambers Global 2023 to 2026
  • Ranked nationwide in South Africa in Competition/Antitrust , Chambers Global 2019 to 2026
  • Ranked in Canada in GCR 100: Highly Recommended, Global Competition Review GCR 100 2019 to 2026
  • Ranked in South Africa in GCR 100: Recommended, Global Competition Review GCR 100 2019 to 2026
  • Ranked nationwide in Competition, Antitrust & Foreign Investments, The Globe and Mail 2022 to 2026
  • Ranked nationwide in Competition and Antitrust Law, The Legal 500 Canada 2018 to 2026

Team

Primary Contacts
  • Antonio Di Domenico, Partner | Co-leader, Competition, Marketing & Foreign Investment, Toronto, ON, +1 416 868 3410, [email protected]
  • Huy Do, Partner | CO-LEADER, COMPETITION, MARKETING & FOREIGN INVESTMENT | LEADER, SOUTHEAST ASIA GROUP, Toronto, ON, +1 416 868 3505, [email protected]
  • John Pecman, Senior Business Advisor | Competition, Marketing & Foreign Investment, Ottawa, ON, +1 613 696 6974, [email protected]
  • Leana Engelbrecht, Partner | Competition, Marketing & Foreign Investment, Johannesburg, +27 11 586 6005, [email protected]
Antonio Di Domenico Toronto Lawyer Antonio Di Domenico Partner | Co-leader, Competition, Marketing & Foreign Investment Toronto, ON +1 416 868 3410
Huy Do Toronto Lawyer Huy Do Partner | CO-LEADER, COMPETITION, MARKETING & FOREIGN INVESTMENT | LEADER, SOUTHEAST ASIA GROUP Toronto, ON +1 416 868 3505
John Pecman Ottawa Senior Business Advisor John Pecman Senior Business Advisor | Competition, Marketing & Foreign Investment Ottawa, ON +1 613 696 6974
Leana Engelbrecht, Partner | Competition, Marketing & Foreign Investment Leana Engelbrecht Partner | Competition, Marketing & Foreign Investment Johannesburg +27 11 586 6005

Experience

  • Sandoz Inc. defeats certification of proposed competition class action, [Case - Sandoz Canada Inc.], Sandoz defeats certification in major competition class action.
  • Lupin Pharmaceuticals Inc. defeats certification of proposed competition class action, [Case - Lupin Pharmaceuticals Inc and Lupin Pharma Canada Inc], Lupin defeats certification in major competition class action
  • SCI Capital Partners and Reddy Ice acquire Arctic Glacier, [Deal - SCI Capital Partners and Reddy Ice], Investment advisory firm and ice products manufacturer acquire Canadian ice products provider
  • Acera Insurance Services Ltd. and Navacord Corp. merge to form one of Canada’s largest privately held insurance, employee benefits and wealth advisory firms, [Deal - Acera Insurance Services Ltd.], Acera Insurance Services Ltd. and Navacord Corp. merge to form one of the largest privately held insurance, employee benefits and wealth advisory firms in Canada.
  • General Fusion to go public on Nasdaq via US$1 billion SPAC deal, [Deal - General Fusion Inc.], General Fusion to become first publicly traded pure-play fusion company through business combination with Spring Valley Acquisition Corp. III.
  • GATX Corporation and Brookfield Infrastructure Partners L.P. completes acquisition of Wells Fargo’s rail operating lease portfolio., [Deal - GATX Corporation and Brookfield Infrastructure Group Inc.], GATX Corporation and Brookfield Infrastructure Group Inc. complete the acquisition of Wells Fargo’s rail operating and finance lease portfolios.
  • United Rentals of Canada, Inc. completes the acquisition of Direct Equipment, [Deal - United Rentals, Inc.], North American equipment rental company completes acquisition of Canadian distributor
  • LifeSpeak Inc. completes plan of arrangement, [Deal - LifeSpeak Inc.], .Service provider of whole-person wellbeing solutions for employers, health plans and other organizations taken private pursuant to a plan of arrangement
  • Predictive Discovery Limited enters into a definitive agreement to merge with Robex Resources Inc. by way of a C$1.5 billion plan of arrangement, [Deal - Predictive Discovery Limited], Australian gold company enters into a definitive agreement to acquire West African gold production and development company.

Knowledge

  • British Columbia Tightens Consumer Protection Rules: Key Contracting and Sales Practice Changes Effective August 2026, 5/19/2026
  • Canada Maintains Competition Act Pre‑Merger Notification Threshold at C$93 million for 2026, 3/5/2026
  • 2026 ESG Disclosure Study, 3/3/2026
  • Key Takeaways from the Annual Report on the Administration of the Investment Canada Act for Fiscal Year 2024–25, 3/2/2026
  • Government of Canada Raises Net Benefit Review Thresholds for 2026, 1/14/2026
  • Competition Bureau Releases Proposed Enforcement Guidelines: A New Framework for Addressing Anti-Competitive Conduct and Agreements, 11/19/2025
  • Selected Tax Measures in the 2025 Federal Budget - Canada, 11/5/2025
  • Two Skies, Two Standards: A Legal Comparison of the Civil Aviation Oversight and Certification Processes of Transport Canada and the FAA, 9/3/2025
  • Ontario Continues Consumer Protection Modernization with Revisions to Reward Point Requirements, 7/16/2025
  • Doing Business in the United Kingdom, 7/9/2025

Events

  • Global Antitrust Challenges Shaping the Pharmaceutical Industry, 4/16/2026
  • New Competition Act Requirements for Employers: What you Need to Know, 5/30/2023
  • Bill 78 | Corporate Transparency, 5/9/2023
  • Bill 78 | Corporate Transparency, 3/8/2023
  • Fasken Ottawa Symposium (10th Edition), 6/10/2021
  • Procurement Law for Lobbyists, 4/22/2021
  • Business and Legal Roundtable: Updates and Trends for the Canadian Market - COVID-19 and Beyond, 5/27/2020
  • Pivoting your Business Model to Become an Essential Service, 4/30/2020
  • Knock, Knock, the Regulator is Calling: Legal Issues and Managing Risk, 5/9/2018
  • Big Data and Innovation: Overcoming the Legal Challenges, 4/24/2018

News

  • Randy Hughes Joins Fasken as Counsel in the Competition, Marketing & Foreign Investment Group, 5/15/2026
  • Huy Do discusses growth opportunities linked to Canada-China trade in Law.com, 4/16/2026
  • Johan Coertze Joins Fasken's Partnership in Corporate and Commercial Practice, 1/16/2026
  • Tracey Cohen discusses the growing use of AI in dispute resolution in Lexpert, 11/20/2025
  • Fasken Partner Noah Boudreau Named Fellow of the Litigation Counsel of America, 11/10/2025
  • Antonio Di Domenico comments on the Competition Act’s new greenwashing provisions in Canadian Lawyer, 6/11/2025
  • Leana Engelbrecht comments on the government of South Africa’s use of sector-wide antitrust exemptions in Global Competition Review, 5/23/2025
  • Leana Engelbrecht Joins Fasken as Partner and Africa Regional Leader for the Competition, Marketing and Foreign Investment Group, 5/7/2025
  • Robin Spillette comments on the reaction of oil companies to changes in Canada's competition law, 6/27/2024
  • Global Competition Review quotes Antonio Di Domenico in an article on Canadian court upholding rejection of DRAM class action, 5/3/2023

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