Mark Opashinov 

Mark Opashinov

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

t: 416.865.7873
e: mark.opashinov@mcmillan.ca

overview

Mark is a partner in the firm's corporate and competition law groups. Mark has advised domestic and foreign clients on all aspects of Canadian corporate and competition law, including many S&P/TSX 60, Fortune 500 and European and Asian multinational corporations. He counsels clients on their strategic legal decisions as well as the legal issues they face day-to-day. Mark's practice involves a significant transactional component. He regularly advises on mergers, acquisitions, divestitures, joint ventures and re-organizations. In Mark's competition law practice, he counsels clients on the regulatory aspects of their transactions as well as provides advice on the civil and criminal provisions of Canada's Competition Act.

Mark's clients cover the range of industry. He has acted for parties in the automotive, biotechnology, computer, chemicals, energy, entertainment, financial services, food processing, health care, Internet, mining, pharmaceuticals, professional services, publishing, software technology, telecommunications, and transportation sectors, among others.

Mark is a recognized leader in the application of project management techniques to complex legal projects and in the use of technology in the practice of law.

Representative Matters

  • Ticketmaster in its defense of alleged deceptive marketing practices
  • Luxottica in connection with its US$54 billion merger with Essilor
  • SABMiller plc in its Canadian Competition Bureau clearance of its US $107 billion take-over by Anheuser Busch InBev SA/NV
  • MeadWestvaco Corp. in its US$16 billion merger with Rock-Tenn Company to create a leading global provider of consumer and corrugated packaging
  • Rogers Communications Inc. in its joint acquisition with BCE Inc. of GLENTEL Inc., a Canadian-based multi-carrier mobile products distributor operating close to 500 retail locations in Canada under banners that include WirelessWave, TBooth Wireless, and Wireless Etc.
  • Bertelsmann SE & Co. KGaA in its global book publishing joint venture with Pearson plc
  • PPG Industries, Inc. in its acquisition of North American architectural coatings business of Akzo Nobel N.V. (coatings)
  • Motorola Systems, Inc. in its acquisition of Psion plc (ruggedized computing technologies)
  • Patheon Inc. on the divestiture of its clinical packaging business to Bellwyck Packaging Solutions Inc. (packaging)
  • Royal & Sun Alliance in its acquisition of L'Union Canadienne, Compagnie d'Assurance from The Co-Operators Group (insurance)
  • The Coca-Cola Company in its acquisition of Coca-Cola Enterprises Inc. (beverages)
  • Novartis AG in its acquisition of a majority interest in Alcon Inc. (ophthalmic pharmaceutical and eye-care products)
  • Royal & Sun Alliance in its acquisition of Glenstone Capital Incorporated, GCAN Insurance Company and Aldis Underwriting Managers Inc. (insurance)
  • Live Nation, Inc. in its merger with Ticketmaster, Inc. (concert promotion and ticketing)
  • Agrium Advanced Technologies on the acquisition of the business of Evergro Canada Inc. (manufacturing)

Presentations

First Mover Advantage: The Legalization of Adult Use Cannabis in Canada
Greater Tampa Chamber of Commerce
Ontario e-Discovery Institute 2017:
Corporate Counseling Committee Monthly Antitrust Update Program December 2016 Developments
Megabytes and Market Power: Advising the Multinational Tech Company on Antitrust Issues
The Year in Review: What's New in Competition Law
Maintaining Your Competitive Advantage: What's New in Competition Law
Managing Regulatory Risk in the M&A Process: The Competition Act, the Investment Canada Act and Your Deal
Legal Project Management for the Business Lawyer
Legal Project Management for the Business Lawyer
Managing Regulatory Risk in the M&A Process: The Competition Act, the Investment Canada Act and Your Deal

Publications

Getting the Deal Through (Canada Chapter) – Merger Control 2020
Getting the Deal Through (Canada Chapter) – Merger Control 2019
Proposed Changes to the Competition Bureau's Immunity Program Will Undermine Effective Cartel Enforcement in Canada - Comments of McMillan LLP on the Consultation Draft dated October 26, 2017
Getting the Deal Through (Canada Chapter) – Merger Control 2018
Merger Musings: December 2016 Takeaways
Government of Canada Provides Valuable Guidance on National Security Review of Foreign Investment in Canada
Getting the Deal Through – Merger Control 2018 (Canada Chapter)
Competition Bureau Issues Consent Agreement Template
Video Games as Canadian Culture: Navigating the Investment Canada Act in Interactive Entertainment Acquisitions
Getting the Deal Through - Merger Control 2016, Canada Chapter
Competition Bureau's Draft Intellectual Property Enforcement Guidelines Provide Welcome Clarity on Bureau Treatment of Intellectual Property
Getting the Deal Through - Merger Control 2015, Canada chapter
Proposed Amendment to Competition Act Broadens "Affiliate" Definition
Global Antitrust and Compliance Handbook, Canada chapter
No connection? No problem! Canada's Competition Bureau flexes its jurisdictional muscles
Getting the Deal Through - Merger Control 2012
Canada Chapter in: Getting the Deal Through – Cartel Regulation 2012
Mergers made (marginally) easier – Additional guidelines for the competition bureau merger notification issues
Active Pursuit of Abuse of Dominance Cases Continues in Canada
The erosion of confidentiality safeguards in Canada's merger control regime
Canada Chapter in Getting the Deal Through - Cartel Regulation 2012
Canada Chapter in Getting The Deal Through - Cartel Regulation 2011
Canada Chapter in Getting the Deal Through - Merger Control 2011
A New Cartel Regime in Canada
Canada chapter in Getting the Deal Through - Merger Control 2010
A New Era in Canadian Foreign Investment Review: Canada raises Investment Canada Act review thresholds, but introduces a national security override
Sweeping changes to Canada's Competition Act
Foreign Investment Review: Canada raises Investment Canada Act review thresholds but introduces a national security override
Canada Chapter in Getting the Deal Through - Cartel Regulation 2009
A Clearer, Less Ambiguous Immunity Program in Canada
Canada Chapter in Getting the Deal Through - Merger Control 2008
Tips and Traps under Competition Law for IP Licensing
Competition Law Strategy in M&A Deals
New merger enforcement guidelines released and efficiency defence continues to be scrutinised
Morgan Crucible fined for conspiracy and obstruction - First ever obstruction charge in Canada
Efficiency-dependent mergers: lessons from Canada

News

McMillan Lawyers Earn 41 Rankings across 23 Categories in Chambers Canada 2020
71 McMillan Lawyers Named in the 2020 Edition of Best Lawyers in Canada
McMillan lawyers recognized in US/Canada Cross-Border Guide 2019
60 McMillan Lawyers Recognized in the 2019 Canadian Legal Lexpert Directory
Chambers Global 2019 has ranked McMillan as a leading law firm in several practice areas
McMillan Named Competition Law Firm of the Year by Chambers Canada
McMillan lawyers are well represented in the 2019 edition of Chambers Canada
65 McMillan Lawyers Named in the 2019 Edition of Best Lawyers in Canada
McMillan lawyers recognized in US/Canada Cross-Border Guide 2018
McMillan lawyers well-represented in the 2018 Canadian Legal Lexpert Directory
Chambers Global 2018 has ranked McMillan as a leading law firm in several practice areas
Chambers Global 2017 has ranked McMillan as a leading law firm in several practice areas
McMillan lawyers are well represented in the 2017 edition of Chambers Canada
McMillan lawyers recognized in 2016 Chambers Global
McMillan lawyers are well represented in inaugural edition of Chambers Canada
McMillan's Competition/Antitrust Group Honoured at the 2015 Global Competition Review Awards
McMillan lawyers recognized in 2015 Chambers Global
McMillan lawyers are well represented in the 2014 Chambers Global Directory
McMillan listed as "Canada Elite" by Global Competition Review (GCR)
McMillan lawyers are well represented in the 2013 Chambers Global Directory
McMillan Lawyers are well represented in the 2012 Chambers Global Directory
McMillan Lawyers are well represented in the 2011 Chambers Global Directory
McMillan competition group wins at inaugural Global Competition Review Awards
Martin Low and McMillan competition group transactions are 2011 GCR award finalists

Education

  • Osgoode Hall Law School, LLM - 2010
  • Queen's University, LLB - 1996
  • Queen's University, MA - 1993
  • University of Toronto, BA - 1992
  • University of Toronto Schools - 1988

Year Of Call

  • Called to the Ontario bar - 1998

Practices

business law
fintech
unilateral conduct and distribution practices
negotiated transactions
competition and antitrust
mergers
cartels
foreign investment review

Industries

banking, finance and insurance
private equity - buyouts & venture capital investment
energy
media, communications and entertainment
manufacturing, distribution and retail

Directorships and Professional Associations

  • Canadian Bar Association (Competition Law Section and Economics Committee Past-Chair)
  • American Bar Association (Antitrust Law and International Law)
  • Association Internationale des Jeunes Advocats (Mergers & Acquisitions and Antitrust Commissions)

Teaching Engagements

Mark frequently speaks on corporate and competition law matters – recent engagements include:

  • American Bar Association / Canadian Bar Association – Big Data Antitrust Risks – Which Jurisdiction Will Strike First? (webinar), (moderator and panelist) – July 23, 2018
  • CBA National Competition Law Section – Economist Roundtable with the Competition Bureau - Pricing Practices in the Digital Economy (panelist)May 16, 2018
  • Terralex Webinar McMillan's Predictive Analytics Program (panelist) – April 4, 2018
  • CBA National Competition Law Section – Competition Collaboration and Antitrust Compliance in a Connected World (panelist) – October 26, 2017
  • Advocates' Society The Use of Technology and e-Discovery Principles Beyond Traditional Civil Litigation October 16, 2017
  • CBA National Competition Law Section – Effective Use of Technology in Corporate Transactions (webinar) November 15, 2012
  • Legal Project Management for the Business Lawyer (webinar) - Canadian Bar Association, November 13, 2012 and May 10, 2012
  • E-Discovery In The Era Of Massive, Electronic Production: What's New, What's Challenging and Where Do We Go From Here?, September 21, 2012 - 2012 Annual Competition Law Fall Conference Canadian Bar Association

Community Involvement

  • University of Toronto Schools Alumni Association, President and Director
  • Toronto Arts Council, Director and Secretary (2005-2011)

Awards & Rankings

  • Recognized by Chambers Canada (2020) as a leading lawyer in the area of Competition / Antitrust Law
  • Recognized by Best Lawyers in Canada (2020) as a leading lawyer in the area of Competition / Antitrust Law
  • Recognized by the 2019 Lexpert Guide to the US/Canada Cross-Border Lawyers in Canada as a leading Canadian lawyer in cross-border practices
  • Recognized in the 2019 Canadian Legal Lexpert Directory as a Repeatedly Recommended lawyer in the area of Competition Law
  • Recognized by Chambers Global (2019) as a leading lawyer in the area of Competition / Antitrust
  • Recognized by Chambers Canada (2019) as a leader in Competition/Antitrust 
  • Recognized by Best Lawyers in Canada (2019) as a leading lawyer in the area of Competition / Antitrust Law
  • Recognized in the 2018 Canadian Legal Lexpert Directory as a Repeatedly Recommended lawyer in the area of Competition Law
  • Ranked by Lexpert Guide (2018) as a leading US/Canada Cross-Border Lawyer in Canada
  • Recognized in Chambers Canada 2018 as a leading practitioner in the area of Competition and Antitrust law
  • Recognized in Chambers Global 2018 as a leading practitioner in the area of Competition and Antitrust law
  • Recognized in Chambers Canada 2017 as a leading practitioner in the area of Competition and Antitrust law
  • Recognized in Chambers Global 2017 as a leading practitioner in the area of Competition and Antitrust law
vcard

Mark is a partner in the firm's corporate and competition law groups. Mark has advised domestic and foreign clients on all aspects of Canadian corporate and competition law, including many S&P/TSX 60, Fortune 500 and European and Asian multinational corporations. He counsels clients on their strategic legal decisions as well as the legal issues they face day-to-day. Mark's practice involves a significant transactional component. He regularly advises on mergers, acquisitions, divestitures, joint ventures and re-organizations. In Mark's competition law practice, he counsels clients on the regulatory aspects of their transactions as well as provides advice on the civil and criminal provisions of Canada's Competition Act.

Mark's clients cover the range of industry. He has acted for parties in the automotive, biotechnology, computer, chemicals, energy, entertainment, financial services, food processing, health care, Internet, mining, pharmaceuticals, professional services, publishing, software technology, telecommunications, and transportation sectors, among others.

Mark is a recognized leader in the application of project management techniques to complex legal projects and in the use of technology in the practice of law.

  • Ticketmaster in its defense of alleged deceptive marketing practices
  • Luxottica in connection with its US$54 billion merger with Essilor
  • SABMiller plc in its Canadian Competition Bureau clearance of its US $107 billion take-over by Anheuser Busch InBev SA/NV
  • MeadWestvaco Corp. in its US$16 billion merger with Rock-Tenn Company to create a leading global provider of consumer and corrugated packaging
  • Rogers Communications Inc. in its joint acquisition with BCE Inc. of GLENTEL Inc., a Canadian-based multi-carrier mobile products distributor operating close to 500 retail locations in Canada under banners that include WirelessWave, TBooth Wireless, and Wireless Etc.
  • Bertelsmann SE & Co. KGaA in its global book publishing joint venture with Pearson plc
  • PPG Industries, Inc. in its acquisition of North American architectural coatings business of Akzo Nobel N.V. (coatings)
  • Motorola Systems, Inc. in its acquisition of Psion plc (ruggedized computing technologies)
  • Patheon Inc. on the divestiture of its clinical packaging business to Bellwyck Packaging Solutions Inc. (packaging)
  • Royal & Sun Alliance in its acquisition of L'Union Canadienne, Compagnie d'Assurance from The Co-Operators Group (insurance)
  • The Coca-Cola Company in its acquisition of Coca-Cola Enterprises Inc. (beverages)
  • Novartis AG in its acquisition of a majority interest in Alcon Inc. (ophthalmic pharmaceutical and eye-care products)
  • Royal & Sun Alliance in its acquisition of Glenstone Capital Incorporated, GCAN Insurance Company and Aldis Underwriting Managers Inc. (insurance)
  • Live Nation, Inc. in its merger with Ticketmaster, Inc. (concert promotion and ticketing)
  • Agrium Advanced Technologies on the acquisition of the business of Evergro Canada Inc. (manufacturing)
March 2017
Merger Musings: December 2016 Takeaways

The Antitrust Counselor - ABA Section of Antitrust Law

September 2016
Competition Bureau Issues Consent Agreement Template

Competition and Antitrust Bulletin

August 2015
The Fundamentals of Canadian Competition Law, Third Edition
Jointly published with the Canadian Bar Association's Competition Law Section
Authors of Chapter 18: Foreign Investment Reviews, Mark Opashinov and Jun Chao Meng 
May 2014
Global Antitrust and Compliance Handbook, Canada chapter
Oxford University Press
April 2012
Getting the Deal Through - Merger Control 2012
Global Competition Review
March 2012
Active Pursuit of Abuse of Dominance Cases Continues in Canada
"Monopoly Matters", ABA Section of Antitrust Law
March 2012
The erosion of confidentiality safeguards in Canada's merger control regime
McMillan Competition and Antitrust Bulletin/Lexology
January 2012
Canada Chapter in Getting the Deal Through - Cartel Regulation 2012
Global Competition Review
October 2010
Canada Chapter in Getting the Deal Through - Merger Control 2011
Reproduced with permission from Law Business Research
March 2010
A New Cartel Regime in Canada
Competition Law Bulletin
October 2009
Canada chapter in Getting the Deal Through - Merger Control 2010
Reproduced with permission from Law Business Research
April 2009
Sweeping changes to Canada's Competition Act

Co-author (John Clifford, Mark Opashinov and Sorcha O'Carroll), Global Competition Review, April 2009 (Vol. 12 Iss. 4)

October 2007
A Clearer, Less Ambiguous Immunity Program in Canada
Competition Law Bulletin
September 2007
Canada Chapter in Getting the Deal Through - Merger Control 2008
Published by Global Competition Review
June 2006
Tips and Traps under Competition Law for IP Licensing
by Mark Opashinov and Jonathan Hood for presentation by Mark Opashinov to the Canadian Institute's IP License Agreements Conference, June 2006
February 2006
Competition Law Strategy in M&A Deals
Article - 2006 Canadian Legal Lexpert Directory
October 2004
Morgan Crucible fined for conspiracy and obstruction - First ever obstruction charge in Canada
Global Competition Review, Global Briefings: Canada, October 2004
May 2003
Efficiency-dependent mergers: lessons from Canada
Global Competition Review
May 7, 2019
Competition Enforcement in the Digital Age
CBA's Annual Competition Law Spring Conference
October 30, 2018
First Mover Advantage: The Legalization of Adult Use Cannabis in Canada
Co-Chair of the seminar and a panelist for presentation "Rules Concerning the Export/Import of Cannabis", Toronto
October 22, 2018
Greater Tampa Chamber of Commerce
Presentation
October 16, 2017
Ontario e-Discovery Institute 2017:
The Use of Technology and e-Discovery Principles Beyond Traditional Civil Litigation, The Advocates' Society
January 11, 2017
Corporate Counseling Committee Monthly Antitrust Update Program December 2016 Developments
ABA Section of Antitrust Law, Toronto, Ontario
January 22, 2015
Megabytes and Market Power: Advising the Multinational Tech Company on Antitrust Issues
Moderator, American Bar Association Webinar
October 23, 2014
The Year in Review: What's New in Competition Law
The Commons Institute
April 2012
Managing Regulatory Risk in the M&A Process: The Competition Act, the Investment Canada Act and Your Deal
Osgoode Hall Law School M&A Skills Conference Presentation
December 2011
Legal Project Management for the Business Lawyer
Presentation to Canadian Bar Association with Ann Gomez
May 2011
Legal Project Management for the Business Lawyer
Presentation to Canadian Bar Association with Ann Gomez
April 2011
Managing Regulatory Risk in the M&A Process: The Competition Act, the Investment Canada Act and Your Deal
Osgoode Hall Law School M&A Skills Conference Presentation