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Neil Campbell is an internationally recognized authority in competition law, antitrust, foreign investment and international trade. He has extensive experience in regulated industries, including energy, financial services, oil and gas, pharmaceuticals, broadcast / telecom and transportation. Neil is the leader of the firm’s Competition, Antitrust & Foreign Investment Group.

Well-known for his work in complex mergers and litigation matters, Neil has led over 300 merger clearances under the Competition Act and the Investment Canada Act, dozens of cartel cases and related class actions, as well as multiple abuse of dominance and other unilateral conduct investigations and proceedings. He represented defendants in the Supreme Court of Canada case that established the law on certification thresholds, umbrella purchaser claims and limitation periods for price-fixing class actions in Canada.

Neil represents clients in matters before the federal, Ontario and British Columbia courts, the Competition Tribunal, the Canadian International Trade Tribunal and the Canadian Transportation Agency, in addition to the Competition Bureau and the Canada Border Services Agency. He also advises on marketing and distribution, as well as grey market, joint venture and compliance issues.

Neil was appointed to the roster of the Canada-United States–Mexico–Agreement (formerly NAFTA) Chapter 19 (Trade Remedies) panellists in 2018. His vast experience in trade law includes acting in matters relating to anti-dumping, the Canada Free Trade Agreement and government procurement, export / import controls, economic sanctions, foreign corrupt practices, and investor-state disputes under trade agreements and bilateral investment treaties.

A former chair of the Market Surveillance Panel (2007–2012) which monitors Ontario’s wholesale electricity market on behalf of the Ontario Energy Board, Neil also has significant experience on Market Rules compliance and enforcement issues.

Neil has appeared before Canadian parliamentary committees on competition policy matters and is a member of the C.D. Howe Institute’s Competition Policy Council. He is the co-founder of the Merger Streamlining Group which has made dozens of submissions to government authorities in respect of compliance with the ICN Recommended Practices for Merger Notification and Review Procedures over the past two decades. He has also served as a co-author or coordinator for multiple CBA Competition Section, ABA Antitrust Law Section and IBA Antitrust Section submissions to agencies and governments on competition law and enforcement policies.



Representative Matters

  • Counsel to defendants in Pioneer Corp. v. Godfrey, 2019 SCC 42, the leading case on certification of competition law class actions as well as umbrella purchaser claims and limitation periods
  • 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) as well as the leading recent failing firm case, AIM / TMR
  • Various proceedings before the Competition Tribunal including Ultramar / Coastal (merger), AIM / SNF (merger injunction), UCDA v. IBC (refusal to supply and price maintenance), and Paradise Pharmacy v. Novartis (refusal to supply)
  • 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), auto parts (Sumitomo Electric and Bosch), 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, VIII and IX), Copper Tubing, Grain Corn and Gypsum Wallboard (I and II) cases
  • Counsel to the IESO in Rayonier Advanced Materials v. Independent Electricity System Operator, Ont. Div. Ct., September 2020
  • Counsel for IATA in International Air Transport Association v. Nav Canada, Canadian Transportation Agency, Decision 10-A-2020.
  • 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

Speaking Engagements

New NAFTA and CPTPP vs. Protectionism: An International Trade and Investment Update for Business Lawyers and Professionals, Osgoode CPD Trade Law Webinar

September 24, 2020

Merger Working Group Workshop on Joint Ventures, IBA 24th Competition Conference

September 10, 2020

Collaborating but Not Gouging – Competition Law in the COVID Business Environment OsgoodePD COVID-19 Webinar Series

May 12, 2020

Conference Co-Chair for the CBA Competition Law Fall Conference, Canadian Bar Association Competition Section

October 2019

CBA Competition Law: Spring Conference Abuse and Monopolization in a Digital Age: New Dog or Old Tricks?, Toronto, Ontario

May 2018

Abuse and Monopolization in a Digital Age: New Dog or Old Tricks?, CBA Competition Law: Spring ConferenceToronto, Ontario

May 2018

Teaching Engagements

  • Guest Lecturer in Osgoode Hall Law School (York University) LLM Competition Law & Policy course
  • 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 LLM program)

News


Media Mentions

  • “Manitoba grain-storage elevator purchase will prevent future competition, CCB claims”, PaRR Global, January 23, 2020
  • Tribunal denies request to sue Québec bureau“, Global Competition Review, August 1, 2019
  • “CCB’s revised abuse of dominance guidelines raise new questions, lawyers say”, PaRR-Global, May 2019
  • “CCB’s revised IP guidelines take balanced positions – analysis”, PaRR-Global, May 2019

Rankings & Recognition

  • Recognized by Chambers Global (2021) as a leading lawyer in the area of Competition / Antitrust
  • Listed in Who’s Who Legal: Canada 2021 as a leader in M&A and Governance
  • Recognized by Chambers Canada (2021) as a leading lawyer in the area of Competition / Antitrust Law
  • Recognized by the Best Lawyers in Canada (2021) as a leading lawyer in the areas of Competition / Antitrust Law and International Trade & Finance Law
  • Recognized in the 2020 Canadian Legal Lexpert Directory as a Most Frequently Recommended lawyer in the area of Competition Law
  • Listed in Who’s Who Legal: Canada 2020 as a leader in Competition
  • Recognized in the 2020 Lexpert Special Edition on Finance and M&A as one of Canada’s Leading Finance and M&A Lawyers
  • Recognized by Chambers Global (2020) as a leading lawyer in the area of Competition / Antitrust
  • Recognized in the 2019 Lexpert/ROB Litigation – Special Edition as one of Canada’s Leading Litigation Lawyers
  • Ranked as one of the “Global Elite” by Who’s Who Legal: Thought Leaders (Competition) – 2019 
  • Chambers Global 2021 (Band 1) and Chambers Canada 2021 (Band 1) as a leading lawyer in the area of Competition / Antitrust
  • Lexpert Guide to the Leading US/Canada Cross-Border Lawyers 2019
  • Lexpert / American Lawyer Guide to the Leading 500 Lawyers in Canada 2020 (Competition Law)
  • Lexpert Report on Business on Litigation 2018 – Special Edition
  • Global Investigation Review’s 2017 survey of the investigations bar in Canada
  • 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)
  • Euromoney’s International Expert Guides – The World’s Finest Lawyers Chosen by Their Peers – International Trade Lawyers – 2016
  • Recognized by Lexpert Report on Business Magazine, Energy Law Special Edition leading energy lawyers 2014

Community Involvement

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

Directorships & Affiliations

  • American Bar Association – Antitrust Law Section – member of Competition Law Standards Task Force
  • Canadian Bar Association – Competition Law Section – Secretary (2020-21); Chair of 2019 Annual Conference; former Chair of the Foreign Investment Review Committee and the International Committee
  • International Bar Association – Antitrust Section former Co-chair (2010–2011); Co-chair of its Merger Working Group
  • Canadian Competition Law Review – Chief Editor (2019–2020)
  • Member of the CD Howe Institute’s Competition Policy Council
  • Member of the editorial advisory board of the IBA’s Business Law International journal
  • Non-governmental advisor to the International Competition Network
  • Global Coordinating Editor for Cartel Regulation (Lexology Getting the Deal Through) (2014–present)

Education & Admissions

1991
Called to the Ontario bar
1993
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)University of Toronto
1989
LLB (gold medalist and Governor General's Medal)Osgoode Hall Law School
1989
MBA (Accounting and Public Administration) (gold medalist)York University (Schulich School of Business)
1988
Certified Management Accountant (national gold medalist)
1982
HBA (gold medalist)University of Western Ontario (Ivey Business School)

Publications

Insights by Dr. A. Neil Campbell (41 Posts)

Getting the Deal Through – Cartel Regulations 2021

Feb 22, 2021

As the world grapples with the unprecedented health and economic challenges arising from the corona virus pandemic, competition law enforcement agencies will have further challenges in deploying scarce resources. 

2021 Canadian Merger Notification and Investment Canada Act Review Thresholds Decrease

Feb 12, 2021

The 2021 updates to the merger thresholds under Canada's Competition Act and Investment Canada Act have been announced.

Getting the Deal Through – Merger Control 2021

Nov 9, 2020

Getting the Deal Through - Merger Control 2021

Canada Orders Temporary Extension of National Security Review Periods Under the Investment Canada Act

Aug 12, 2020

In response to COVID-19, Canada has temporarily extended three key time periods for national security reviews under the Investment Canada Act.

Heightened Scrutiny of Foreign Investment in the Time of COVID

Apr 21, 2020

In its April 18, 2020 COVID-19 policy statement, the government of Canada dramatically expanded the breadth and depth of its review of foreign investments.

2020 Canadian Merger Notification Threshold Updates

Apr 1, 2020

The 2020 updates to the merger thresholds under Canada's Competition Act and Investment Canada Act have been announced.

Getting the Deal Through – Cartel Regulation 2020

Feb 3, 2020

Cartel activity is the top enforcement priority for virtually every competition agency. Leniency programs continue to evolve and coordination between agencies on international cases is increasing.

Canadian Competition Act and Investment Canada Act

Feb 3, 2020

Canadian Competition Act and Investment Canada Act

Getting the Deal Through – Merger Control 2020

Sep 1, 2019

2020 Canadian Chapter of Lexology GTDT - Merger Control provides the most current and comprehensive information available on mergers and acquisitions under antitrust and competition law in Canada.

The Next Wave of US Extraterritorial Sanctions regarding Cuba – Potential Impacts for Canadian Companies

May 6, 2019

On May 2, 2019, after 22 years of semi-annual deferrals by multiple presidents, the United States brought Title III of its Helms-Burton Act into force.

Getting the Deal Through (Canada Chapter) – Cartel Regulation 2019

Mar 1, 2019

This 19th edition of Cartel Regulation provides the most current and comprehensive information available about anti-cartel laws and enforcement around the world.

2019 Canadian Merger Notification Threshold Increases

Feb 1, 2019

The 2019 increases to the merger thresholds under Canada's Competition Act and Investment Canada Act have been announced.

Getting the Deal Through (Canada Chapter) – Merger Control 2019

Nov 29, 2018

The 2019 Canadian Chapter of Getting the Deal Through - Merger Control provides current and comprehensive information on mergers and acquisitions in Canada.

Surtax! What To Do Now

Jul 6, 2018

On July 1, 2018, Canada imposed surtaxes on steel, aluminum, as well as certain consumer and other products from the United States.

Canada’s Use of its National Security Power

Jun 1, 2018

The Government of Canada's decision to reject the proposed acquisition of Aecon, a major Canadian construction services firm, by China Communications

Getting the Deal Through (Canada Chapter) – Cartel Regulation 2018

Mar 1, 2018

Anti-Cartel laws are pillars of competition regime with unilateral conduct provisions and merger control. The 2018 Cartel Regulation provides information about anti-cartel laws and enforcement

2018 Canadian Merger Notification Threshold Increases

Feb 14, 2018

The 2018 increases to the merger thresholds under Canada's Competition Act and Investment Canada Act have been announced.

The Comprehensive and Progressive TPP – Countering The Pressures for Protectionism

Jan 30, 2018

January 2018, Canadian government announced it will sign the Comprehensive and Progressive Agreement for Trans-Pacific Partnership also referred as "TPP-11".

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

Jan 1, 2018

Several proposed revisions to Immunity Program under the Competition Act will have unintended but serious consequence of decreasing applications for immunity

Foreign Corruption: Canada Makes “Facilitation Payments” Illegal

Oct 31, 2017

Foreign Corruption: Canada Makes "Facilitation Payments" Illegal

2017 Canadian Merger Notification Threshold Increases

Mar 3, 2017

2017 Canadian Merger Notification Threshold Increases

Getting the Deal Through – Cartel Regulation 2017

Feb 1, 2017

Getting the Deal Through – Cartel Regulation 2017

Government of Canada Provides Valuable Guidance on National Security Review of Foreign Investment in Canada

Jan 3, 2017

Government of Canada Provides Valuable Guidance on National Security Review of Foreign Investment in Canada

Getting the Deal Through – Merger Control 2018 (Canada Chapter)

Jan 1, 2017

Getting the Deal Through – Merger Control 2018 (Canada Chapter)

Foreign Corruption: Canada’s Top Court Shields Top Bank and Whistleblowers

Jul 5, 2016

Foreign Corruption: Canada's Top Court Shields Top Bank and Whistleblowers

Lexpert Seminar Toronto – Managing Regulatory Risks: Compliance, Inspections and Investigations

Dec 2, 2015

Our expert faculty will provide their "lessons learned" and best practices for general counsel, in-house lawyers, compliance and risk management professionals dealing with these everyday challenges.

The Impact of New Transatlantic Trade Agreements on Commercial and Investment Transactions

Sep 29, 2015

This article was published in Business Law International (September 2015)

For Better or Worse? Canada Updates Procurement Integrity Regime

Aug 4, 2015

Canadas Updated Procurement Integrity Regime: Equal Parts Déjà Vu and New

Changes to Investment Canada Act Thresholds, Filing Requirements, and National Security Review Thresholds

May 15, 2015

Changes to Investment Canada Act Thresholds, Filing Requirements, and National Security Review Thresholds

UPDATED: Canada Expands Economic Sanctions and Targets Russian Energy Sector

Feb 21, 2015

UPDATED: Canada Expands Economic Sanctions and Targets Russian Energy Sector

Federal Government Tightens Procurement Integrity Provisions

Mar 19, 2014

Federal Government Tightens Procurement Integrity Provisions

Corporate directors beware – Canada passes tough amendments to anti-corruption legislation

Jul 2, 2013

Corporate directors beware - Canada passes tough amendments to anti-corruption legislation

Changes to Investment Canada Act implemented

Jun 8, 2013

Changes to Investment Canada Act implemented

Canada Proceeds with Promised Changes to Foreign Investment Review

May 13, 2013

Canada proceeds with promised changes to foreign investment review

Canada Gets Tough on Foreign Corrupt Practices

Feb 25, 2013

Canada Gets Tough on Foreign Corrupt Practices

Cooperating Firm Agrees to Penalty Equal to 5 Times the Amount of Foreign Bribe

Jan 22, 2013

cooperating firm agrees to penalty equal to 5 times the amount of foreign bribe

Canada makes changes to Investment Canada regime

Dec 11, 2012

Canada makes changes to Investment Canada regime

Leniency applicants now debarred from federal procurement

Nov 28, 2012

leniency applicants now debarred from federal procurement

Canada continues to welcome foreign investment with Investment Canada Act changes

Sep 30, 2012

Canada continues to welcome foreign investment with Investment Canada Act changes

New abuse of dominance enforcement guidelines

Sep 25, 2012

New abuse of dominance enforcement guidelines

Foreign corruption compliance: should you have an anti-bribery compliance program?

Mar 29, 2012

Foreign corruption compliance: should you have an anti-bribery compliance program?