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Practices

Competition, Marketing & Foreign Investment

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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.

 

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