Dr. A. Neil Campbell 

Co-Chair, Competition and Trade
Toronto  t: 416.865.7025  |  e: neil.campbell@mcmillan.ca

Dr. A. Neil Campbell

Toronto
Brookfield Place, Suite 4400
181 Bay Street
Toronto, Ontario M5J 2T3

t: 416.865.7025
e: neil.campbell@mcmillan.ca

overview

  • Co-Chair of the Competition and International Trade Law Groups and partner in the Energy Law Group. Member of the firm's Board of Partners, 2001–2007 and 2017.
  • Competition law experience — over 300 merger clearances under the Competition Act and/or the Investment Canada Act; over 25 major cartel cases and/or related class actions; multiple abuse of dominance and other unilateral conduct investigations and proceedings; and advising on marketing, distribution, grey marketing, joint venture and compliance issues.
  • Trade law experience — anti-dumping and subsidy proceedings; NAFTA, WTO, Internal Trade Agreement and government procurement matters; export/import controls; trade sanctions including Cuba and other issues under the Foreign Extraterritorial Measures Act; foreign corrupt practices (the Corruption of Foreign Public Officials Act); and investor-state disputes under NAFTA and bilateral investment treaties.
  • Energy law experience — electricity market issues including in relation to generation, loads, renewables / conservation, procurement contracts, imports / exports and regulatory matters; as well as competition and foreign investment issues in the oil and gas sector.
  • Extensive experience in regulated industries including financial services, energy, broadcast / telecom and transportation. 
  • Represented clients in matters before the Federal, Ontario and British Columbia courts as well as the Competition Tribunal, Canadian International Trade Tribunal and numerous regulatory / enforcement agencies.
  • Leader of McMillan's Search Response Services team.
  • Public policy experience — submissions to Canadian parliamentary committees and government agencies as counsel to the Competition Policy Group; co-founder and principal author of over 30 Merger Streamlining Group submissions to governmental authorities in respect of compliance with the ICN Recommended Practices for Merger Notification and Review Procedures; co-author or coordinator for multiple CBA Competition Section, ABA Antitrust Section and IBA Antitrust Committee

Representative Matters

  • Numerous merger cases involving phase two investigations or negotiated remedies (including the Novartis / Alcon, Coca-Cola Company / Coca-Cola Enterprises and Transcontinental / Quebecor consent agreements)
  • Various proceedings before the Competition Tribunal including Ultramar / Coastal (merger), AIM / SNF (merger injunction), UCDA v. IBC (refusal to supply and price maintenance), Paradise Pharmacy v. Novartis (refusal to supply) and DIR v. Air Canada ("Gemini" contested variation proceeding)
  • High profile cartel and/or related class action proceedings including vitamins (BASF), rubber chemicals and related products (Crompton), air cargo (Air France and KLM), retail gasoline in Quebec (Olco), wire harnesses (Sumitomo Electric), optical disc drives (Philips and Lite-On), chocolate confectionery (Hershey), car carriers ("K" Line) and foreign exchange (RBS)
  • Counsel to parties in various dumping and subsidy proceedings before the CBSA and/or CITT including in the Carbon Steel Plate (VII), Copper Tubing, Grain Corn and Gypsum Wallboard cases (and the related reference proceeding in which the CITT recommended that drywall anti-dumping duties be reduced by 75% due to competition concerns)
  • Reduced a C$33 million levy of civil ascertained forfeiture penalties in an export controls case to C$25,000 (CBSA v. Leblanc and Lafrance) and settled related criminal proceedings
  • Settled a threatened prosecution of a chemical company for violations of export controls related to dual-use products without financial penalty
  • Represented the auto sector (both industry associations and their members) in the Ethyl NAFTA, AIT and constitutional proceedings related to the MMT fuel additive
  • Counsel to the Canadian Radio-Television and Telecommunications Commission (CRTC) on the foreign ownership reviews for the Canwest / Alliance Atlantis and proposed BCE Privatization transactions
  • Counsel to the Commissioner of Competition on the review of BHP Billiton / Potash Corporation of Saskatchewan
  • Member of the Competition Bureau's External Working Group on Reform of the Conspiracy Offence
  • Member of the Regulatory Issues Advisory Group for the federal government's Payment Systems Task Force
  • As Chair of the Ontario Energy Board (OEB) Market Surveillance Panel, conducted investigations involving alleged abuses of market power and gaming and issued 12 semi-annual reports on the operation of the wholesale electricity market
  • Counsel to the Independent Electricity System Operator (IESO) on the development of its General Conduct Rule

Presentations

Canadian Competition Law Through the Ages
International Cooperation: The Competition Bureau and Global Merger Enforcement
Merger Mashup: Trends and Developments in Merger Enforcement in the US, Europe and Canada
Economic Analysis of Coordinated Effects
Bringing and Defending Class Actions: 10 Things Plantiffs' and Defense Counsel Need to Know
Anti-Dumping and Countervailing Measures in Canada: Processes, Timelines and Implications of an Investigation
The Interface of Competition Policy and Enforcement with Industry-Specific Regulation

Publications

2018 Canadian Merger Notification Threshold Increases
The Comprehensive and Progressive
TPP – Countering The Pressures for Protectionism
Getting the Deal Through – Cartel Regulation 2017
Getting the Deal Through – Merger Control 2017
NAFTA – the sky is not falling – those are just thunder clouds
2017 Canadian Merger Notification Threshold Increases
Government of Canada Provides Valuable Guidance on National Security Review of Foreign Investment in Canada
Foreign Corruption: Canada's Top Court Shields Top Bank and Whistleblowers
2016 Canadian Merger Notification Threshold Increases
Getting the Deal Through - Merger Control 2016, Canada chapter
The Impact of New Transatlantic Trade Agreements on Commercial and Investment Transactions
Holding Some Separate and Scrambling the Rest: The Competition Tribunal's Split Decision on a Retail Gasoline Merger Injunction
Cartel Regulation 2016, Canada Chapter
For Better or Worse? Canada Updates Procurement Integrity Regime
Changes to Investment Canada Act Thresholds, Filing Requirements, and National Security Review Thresholds
UPDATED: Canada Expands Economic Sanctions and Targets Russian Energy Sector
Hitting 'Em Where it Hurts: Canada Targets Russian Energy Sector in Latest Round of Economic Sanctions
Le Projet de loi no 26 : une approche novatrice pour récupérer les sommes dont les contribuables ont été privés par les fraudes ou manœuvres dolosives dans le cadre de contrats publics
Competition Act Amendments to Address "Unjustified" Canada-US Price Discrimination
Federal Government Tightens Procurement Integrity Provisions
Group Buying - A Canadian Case Study
Ontario's Long-Term Energy Plan, 2013: "Achieving Balance" Through Clean Energy, Conservation & Innovation
Supreme Court of Canada trilogy holds that indirect purchasers may advance class action for recovery of unlawful price-fixing
Canada's first rejection of an investment on national security grounds
Foreign Corrupt Practices - The Growth and Limitations of Canadian Enforcement Activity
Ontario Energy Board's power to order restitution confirmed
Changes to Investment Canada Act implemented
Corporate directors beware - Canada passes tough amendments to anti-corruption legislation
Court of Appeal dismisses conspiracy claim against joint purchasers
"Calling All Whistleblowers" - the Competition Bureau's newest cartel-busting initiative
Canada proceeds with promised changes to foreign investment review
Canada Gets Tough on Foreign Corrupt Practices
Cooperating Firm Agrees to Penalty Equal to 5 Times the Amount of Foreign Bribe
Competition and Foreign Investment Reviews of Asian Investments into Canada
Canada makes changes to Investment Canada regime
Leniency applicants now debarred from federal procurement
Canada continues to welcome foreign investment with Investment Canada Act changes
New abuse of dominance enforcement guidelines
More abuse?: the Competition Bureau proposes revised guidelines on abuse of dominant market position
Foreign corruption compliance: should you have an anti-bribery compliance program?

News

McMillan Lawyers Geoffrey Kubrick and Neil Campbell Appointed to NAFTA Chapter 19 (Trade Remedies)
Margaret McNee recognized as Mutual Funds Lawyer of the Year, along with 58 McMillan Lawyers in the 2018 Best Lawyers in Canada Report
McMillan lawyers well-represented in the 2017 Canadian Legal Lexpert Directory
Chambers Global 2017 has ranked McMillan as a leading law firm in several practice areas
McMillan lawyers recognized in the 2017 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada
McMillan lawyers recognized in Lexpert's Special Edition on Canada's Leading Litigation Lawyers for 2016
Seven McMillan lawyers appear in Lexpert's Special Edition on Canada's Leading Litigation Lawyers 2016
McMillan lawyers are well represented in the 2017 edition of Chambers Canada
McMillan lawyers recognized in Who's Who Legal: Canada 2016
61 McMillan lawyers recognized in The Best Lawyers in Canada 2017
McMillan Lawyers featured in the Lexpert 2016 Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada
McMillan lawyers well-represented in the 2016 Canadian Legal Lexpert Directory
Neil Campbell and McMillan's Competition Group honoured at the 2016 Global Competition Review Awards
McMillan lawyers recognized in 2016 Chambers Global
McMillan lawyers recognized in Who's Who Legal: Competition 2016
McMillan lawyers listed in the 2016 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada
McMillan Plays a Leading Role in the ABA Section of Antitrust Law
McMillan lawyers recognized in Lexpert's Special Edition on Canada's Leading Litigation Lawyers
McMillan lawyers are well represented in inaugural edition of Chambers Canada
McMillan Plays a Leading Role in the CBA Competition Law Section
60 McMillan lawyers recognized in the 10th Edition of The Best Lawyers in Canada
McMillan Co-Hosts Mergers Program With Bloomberg, New York State Bar Association, and CBA
McMillan Lawyers featured in the Lexpert 2015 Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada
McMillan lawyers are well represented in the 2015 Canadian Legal Lexpert Directory
Dr. Neil Campbell moderates at the Foreign Investment Review Committee Annual Conference
McMillan's Competition/Antitrust Group Honoured at the 2015 Global Competition Review Awards
No smooth track to China for Bombardier; Takeover rumors
McMillan lawyers recognized in 2015 Chambers Global
Neil Campbell cited in Supreme Court Decision Tervita Corp. v Canada (Commissioner of Competition)
McMillan lawyers listed in the 2015 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada
Who's Who Legal: Competition 2015 recognizes three McMillan lawyers
Dr. Neil Campbell speaks at CanSIA's Solar Canada 2014
McMillan lawyers named amongst Canada's Leading Litigation Lawyers by Lexpert
The Legal 500 Canada 2015 recognizes 16 McMillan lawyers
Who's Who Legal: Canada 2014 recognizes 17 McMillan lawyers
McMillan lawyers recognized in the 2015 Best Lawyers in Canada
Fourteen McMillan Lawyers featured in the Lexpert 2014 Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada
McMillan lawyers are well represented in the 2014 Canadian Legal Lexpert Directory
Neil Campbell provides keynote address at the Van Horne Institute Conference
Neil Campbell provides competition policy perspectives as panelist at CBA Competition Law Spring Forum
McMillan lawyers are well represented in the 2014 Chambers Global Directory
Nine McMillan lawyers listed in the 2014 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada
McMillan listed as "Canada Elite" by Global Competition Review (GCR)
Who's Who Legal: Canada 2013 recognizes 21 McMillan lawyers
49 McMillan lawyers recognized in the 2014 Best Lawyers in Canada
Canadian Legal Lexpert Directory 2013 Recognizes 44 McMillan Leading Practitioners
McMillan Achieves Impressive Results in Who's Who of Competition Lawyers
McMillan lawyers are well represented in the 2013 Chambers Global Directory
Ten McMillan lawyers listed in the 2013 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada
Five McMillan lawyers recognized in Lexpert's Special Edition Report on Business: Canada's Leading Litigation Lawyers
Asian Legal Business China features Neil Campbell's article and comments on Canada's economic ties with China
Former Top Competition Bureau Prosecutor Guy Pinsonnault joins McMillan
47 McMillan lawyers recognized in the 2013 Best Lawyers in Canada
Seven McMillan lawyers featured in the Lexpert 2012 Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada
Canadian Legal Lexpert Directory 2012 Recognizes 39 McMillan Leading Practitioners
McMillan Lawyers are well represented in the 2012 Chambers Global Directory

Education

  • University of Toronto, SJD (competition and trade law) (Governor General's Medal; study of Canada's merger review system won the Alan Marks Medal for best graduate thesis) - 1993
  • Osgoode Hall Law School, LLB (gold medalist and Governor General's Medal) - 1989
  • York University (Schulich School of Business), MBA (Accounting and Public Administration) (gold medalist) - 1989
  • Certified Management Accountant (national gold medalist) - 1988
  • University of Western Ontario (Ivey Business School), HBA (gold medalist) - 1982

Year Of Call

  • Called to the Ontario bar - 1991

Practices

competition policy advocacy
competition and antitrust
cartels
mergers
foreign investment review
unilateral conduct and distribution practices
international trade
anti-corruption and fraud
government procurement

Industries

automotive
energy
food, beverage and agribusiness
electricity and utilities
life sciences
media, communications and entertainment
transportation

Directorships and Professional Associations

  • Canadian Bar Association – member of the Competition Law Section and the International Law Section; Chair of the Foreign Investment Review Committee (2015 - 2016); member of the Canadian Competition Law Review editorial board (2016 - 2017)
  • American Bar Association – member of the Section of Antitrust Law; member of its International Task Force (2008 - present)
  • International Bar Association – Past-chair of the Antitrust Committee (2010-2011); Co-chair of its Merger Working Group (2012 - 2016); member of the Legal Practice Division Council (2013 - 2016) 
  • Non-governmental advisor to the International Competition Network
  • Member of the CD Howe Institute's Competition Policy Council
  • Member of the MLex editorial board
  • Member of the editorial advisory board of the IBA's Business Law International journal
  • Global Coordinating Editor for Cartel Regulation (2014 - present) (Getting the Deal Through / Law Business Research)

Teaching Engagements

  • Visiting Lecture in Osgoode Hall Law School, York University,  L.L.M. in Competition Law & Policy, November 2015
  • Taught at the University of Western Ontario (Ivey Business School), York University (Atkinson College), University of Toronto (Faculty of Law) and Osgoode Hall Law School (part-time LL.M. program)

Community Involvement

  • Volunteer for The Healing Cycling Foundation, which raises money to support hospice palliative care (personally raised over $50,000 in annual cycling ride donations between 2008 - 2015)

Awards & Rankings

  • Ranked by Best Lawyers in Canada 2018 as a leading lawyer in the areas of Competition/Antitrust and International Trade Law
  • Ranked by Lexpert Guide(2017) as a leading US/Canada Cross-Border Litigation Lawyer in Canada
  • Ranked by Who’s Who Legal: Canada (2017) as a leading competition lawyer
  • Ranked by Who’s Who Legal: Competition (2017) as one of the five North American antitrust “Thought Leaders” who has received the highest number of nominations from peers, corporate counsel, and other market sources.
  • Named in 2017 Canadian Legal Lexpert Directory as the most frequently recommended in the area of Competition Law
  • Ranked by Chambers Global 2017 and Chambers Canada 2017 as a leading lawyer in the area of Competition/Antitrust and Competition/Antitrust: Investment
  • Named in 2017 Canadian Legal Lexpert Directory as the most frequently recommended in the area of Competition Law
  • Recognized by Lexpert/American Lawyer Guide to the Leading 500 lawyers in Canada 2017 in Competition Law
  • Named in Lexpert's Special Edition Report on Canada's Leading Litigation Lawyers 2016
  • Named Global Competition Review's "Dealmaker of the Year" in 2016
  • Ranked as the leading competition lawyer in Canada and one of the world's top 20 competition lawyers in the Who's Who of International Competition Lawyers 2014
  • Listed as a leading trade lawyer in Euromoney's International Expert Guides - The World's Finest Lawyers Chosen by Their Peers - International Trade Lawyers, 2016
  • Recognized by Lexpert in the Report on Business Magazine 2014 as one of Canada's leading energy lawyers
  • Named as a leading lawyer in Practical Law Company (PLC) Which Lawyer, The Legal 500, Lexpert, The Lexpert Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada, The Lexpert / American Lawyer Guide to the Leading 500 Lawyers in Canada and other directories

Media Mentions

vcard
  • Co-Chair of the Competition and International Trade Law Groups and partner in the Energy Law Group. Member of the firm's Board of Partners, 2001–2007 and 2017.
  • Competition law experience — over 300 merger clearances under the Competition Act and/or the Investment Canada Act; over 25 major cartel cases and/or related class actions; multiple abuse of dominance and other unilateral conduct investigations and proceedings; and advising on marketing, distribution, grey marketing, joint venture and compliance issues.
  • Trade law experience — anti-dumping and subsidy proceedings; NAFTA, WTO, Internal Trade Agreement and government procurement matters; export/import controls; trade sanctions including Cuba and other issues under the Foreign Extraterritorial Measures Act; foreign corrupt practices (the Corruption of Foreign Public Officials Act); and investor-state disputes under NAFTA and bilateral investment treaties.
  • Energy law experience — electricity market issues including in relation to generation, loads, renewables / conservation, procurement contracts, imports / exports and regulatory matters; as well as competition and foreign investment issues in the oil and gas sector.
  • Extensive experience in regulated industries including financial services, energy, broadcast / telecom and transportation. 
  • Represented clients in matters before the Federal, Ontario and British Columbia courts as well as the Competition Tribunal, Canadian International Trade Tribunal and numerous regulatory / enforcement agencies.
  • Leader of McMillan's Search Response Services team.
  • Public policy experience — submissions to Canadian parliamentary committees and government agencies as counsel to the Competition Policy Group; co-founder and principal author of over 30 Merger Streamlining Group submissions to governmental authorities in respect of compliance with the ICN Recommended Practices for Merger Notification and Review Procedures; co-author or coordinator for multiple CBA Competition Section, ABA Antitrust Section and IBA Antitrust Committee
  • Numerous merger cases involving phase two investigations or negotiated remedies (including the Novartis / Alcon, Coca-Cola Company / Coca-Cola Enterprises and Transcontinental / Quebecor consent agreements)
  • Various proceedings before the Competition Tribunal including Ultramar / Coastal (merger), AIM / SNF (merger injunction), UCDA v. IBC (refusal to supply and price maintenance), Paradise Pharmacy v. Novartis (refusal to supply) and DIR v. Air Canada ("Gemini" contested variation proceeding)
  • High profile cartel and/or related class action proceedings including vitamins (BASF), rubber chemicals and related products (Crompton), air cargo (Air France and KLM), retail gasoline in Quebec (Olco), wire harnesses (Sumitomo Electric), optical disc drives (Philips and Lite-On), chocolate confectionery (Hershey), car carriers ("K" Line) and foreign exchange (RBS)
  • Counsel to parties in various dumping and subsidy proceedings before the CBSA and/or CITT including in the Carbon Steel Plate (VII), Copper Tubing, Grain Corn and Gypsum Wallboard cases (and the related reference proceeding in which the CITT recommended that drywall anti-dumping duties be reduced by 75% due to competition concerns)
  • Reduced a C$33 million levy of civil ascertained forfeiture penalties in an export controls case to C$25,000 (CBSA v. Leblanc and Lafrance) and settled related criminal proceedings
  • Settled a threatened prosecution of a chemical company for violations of export controls related to dual-use products without financial penalty
  • Represented the auto sector (both industry associations and their members) in the Ethyl NAFTA, AIT and constitutional proceedings related to the MMT fuel additive
  • Counsel to the Canadian Radio-Television and Telecommunications Commission (CRTC) on the foreign ownership reviews for the Canwest / Alliance Atlantis and proposed BCE Privatization transactions
  • Counsel to the Commissioner of Competition on the review of BHP Billiton / Potash Corporation of Saskatchewan
  • Member of the Competition Bureau's External Working Group on Reform of the Conspiracy Offence
  • Member of the Regulatory Issues Advisory Group for the federal government's Payment Systems Task Force
  • As Chair of the Ontario Energy Board (OEB) Market Surveillance Panel, conducted investigations involving alleged abuses of market power and gaming and issued 12 semi-annual reports on the operation of the wholesale electricity market
  • Counsel to the Independent Electricity System Operator (IESO) on the development of its General Conduct Rule
February 2018
2018 Canadian Merger Notification Threshold Increases

Competition and International Trade Bulletin

February 2016
2016 Canadian Merger Notification Threshold Increases
Competition Bulletin
2015
Cartel Regulation 2016, Canada Chapter

Global Competition Review

March 2014
Federal Government Tightens Procurement Integrity Provisions
Government Procurement Bulletin
December 2013
Group Buying - A Canadian Case Study
The Antitrust Source
Fall 2013
Monopsony Power and the Relevance of the Sell-Side Market
Canadian Competition Law Review
2013
Foreign Corrupt Practices - The Growth and Limitations of Canadian Enforcement Activity
Indiana International & Comparative Law Review, Vol. 23 No.1
July 2013
Changes to Investment Canada Act implemented
International Trade Bulletin
February 2013
Canada Gets Tough on Foreign Corrupt Practices

Business Law Bulletin

2013
Competition and Foreign Investment Reviews of Asian Investments into Canada
China International Institute of Antitrust and Investment, First Annual Antitrust Symposium, Chapter 34, LexisNexis
December 2012
Canada makes changes to Investment Canada regime
International Trade Bulletin
September 2012
New abuse of dominance enforcement guidelines
Competition Bulletin
April 2012
More abuse?: the Competition Bureau proposes revised guidelines on abuse of dominant market position
Competition and Antitrust Bulletin/TerraLex Newsletter
June 19, 2017
Canadian Competition Law Through the Ages
CBA National Competition Law Section's Young Lawyers Committee, Toronto, Ontario
May 26, 2017
International Cooperation: The Competition Bureau and Global Merger Enforcement
CBA Mergers Roundtable, Toronto, Ontario
May 11, 2017
Merger Mashup: Trends and Developments in Merger Enforcement in the US, Europe and Canada
ABA Business Law Section, Antitrust Committee
May 8, 2017
Economic Analysis of Coordinated Effects
CBA: Economists Roundtable with the Competition Bureau, Toronto, Ontario
November 15, 2016
Bringing and Defending Class Actions: 10 Things Plantiffs' and Defense Counsel Need to Know
Class Actions for Litigators, Law Society of Upper Canada, Toronto, Ontario
December 8, 2014
Anti-Dumping and Countervailing Measures in Canada: Processes, Timelines and Implications of an Investigation
Solar Canada (CanSIA) 2014 Conference
May 29, 2014
Keynote Address
University of Calgary, Van Horne Institute Conference on Restructured Electricity Markets, Calgary, Alberta
May 21, 2014
The Interface of Competition Policy and Enforcement with Industry-Specific Regulation
Panelist, Canadian Bar Association's 2014 Spring Competition Law Conference, Toronto