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The Brattle Group provides economic analysis and expert testimony to private parties and the Competition Bureau under all sections of the Competition Act, including the merger, monopolistic practices, cartel, and deceptive marketing practices provisions, as well as regarding advocacy initiatives. We have advised clients in hundreds of transactions, providing testimony and litigation support in competition cases on behalf of leading Canadian law firms as well as the Competition Bureau.

Brattle has a proven track record in merger reviews assessing whether transactions are likely to result in a substantial lessening or prevention of competition and whether potential mitigating factors exist, including the Section 96 efficiencies defense, Section 93(b) failing firm defense, and the likelihood of a timely new market entry. We are called on to provide these analyses throughout the deal process, from an early assessment of deal risk to situations where a transaction has been challenged by the Bureau.

In the area of monopolistic practices, we provide investigative and expert witness services related to allegations of restrictive trade practices, including predatory pricing and abuse of dominance. We also have expertise at the class certification stage of class actions, performing statistical analyses of data and market structure in the estimation of cartel overcharges using a variety of techniques.

Additionally, for matters involving Sections 100 and 104 of the Competition Act, our experts have substantial experience assessing whether the Tribunal’s ability to remedy the wrong will be substantially impaired, reflecting our cross-functional knowledge of the business processes, intellectual property, and mergers and acquisitions.

Areas of Expertise

Engagements
REPRESENTATIVE ENGAGEMENTS

Brattle experts have been retained and provided expertise and evidence related to competitive effects and/or section 96 efficiencies in the following matters:

Paper Excellence/Catalyst

Retained in connection with the acquisition of the pulp production business of Catalyst Paper Corporation by Paper Excellence Canada Holdings Corporation.

Broadcasting industry market study

Retained by Shaw Cablesystems G.P. in connection with its submissions in the Bureau's Broadband Market Study.

Superior/Canwest

Retained in connection with the acquisition of the retail propane distribution business of Gibson Energy ULC (Canwest Propane) by Superior Plus, LP.

Agrium/PotashCorp

Retained in connection with the merger of Agrium, Inc. and PotashCorp of Saskatchewan.

BCE/MTS

Retained in connection with the acquisition of Manitoba Telecom Services Inc. by BCE Inc.

Superior/Canexus

Retained in connection with the proposed acquisition of Canexus Corp. by Superior Plus Corp. which, while rejected by the U.S. Federal Trade Commission, represented the first time that Canada's Competition Bureau has ever approved a transaction based explicitly on the efficiencies defense. 

Cintas/G&K

Retained in connection with the acquisition of G&K Services, Inc. by Cintas Corporation.

Air Canada/United

Retained in connection with the trans-border joint venture between Air Canada and United-Continental. 

Tervita

Retained and testified on behalf of the Bureau in its review of the proposed acquisition of Complete Environmental, Inc. by Tervita Corporation.

Telecommunications industry

Retained by the Bureau in its review of a retail merger in the telecommunications industry.

TREB

Consulted with the Bureau on its review of rules implemented by the Toronto Real Estate Board regarding the use of MLS data on virtual office websites.

Telecommunications and broadcasting industry

Provided testimony on behalf of the Bureau at two regulatory consultations by the Canadian Radio-television and Telecommunications Commission relating to increased customer choice and flexibility in the broadcasting industry and on the competitiveness of Canadian mobile wireless services markets.

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