Background
David Faye is an associate in our Toronto office, practising corporate/commercial law with an emphasis on competition law and information technology law.
Between 2008 and 2011, David was seconded to the Canadian Competition Bureau, where he was appointed Special Advisor to the Senior Deputy Commissioner of the Mergers Branch and, most recently, Advisor to Canada's Commissioner of Competition. In these roles, David was responsible for providing strategic and legal advice in respect of significant enforcement matters and the development of domestic and international competition policy, including implementation of the recent reforms to Canada's Competition Act.
David holds a B.Sc. (Hons.) in Computer Science and Information Systems from the University of Toronto, an LL.B. (distinction) from the University of Western Ontario, and an LL.M. with a specialization in intellectual property from the University of London, England, where he graduated as a Bentham Scholar. He has spent time as a stagiaire in the intellectual property and competition policy commissions at the International Chamber of Commerce in Paris, France, and has conducted research in competition law at the University of Cambridge.
Areas of Practice
Corporate/Commercial Law with a focus on technology and outsourcing.
Competition Law, including: advising clients on all aspects of Canadian competition and foreign investment review law, including mergers, cartel investigations, advertising and marketing practices, abuse of dominance and other reviewable matters.
Publications
· "Civil Conspiracy and Other Economic Torts" in Fundamentals of Canadian Competition Law (CBA/Carswell, 2010);
· "Love in the Time of Cholera: Merger Review in an Economic Downturn", presented at the Canadian Bar Association Annual Spring Conference (May 12, 2009);
· "Contemplating the State of Merger Litigation in Canada", presented at the 2008 Canadian Bar Association Annual Conference on Competition Law, Gatineau, Québec (Fall 2008);
· "An Overview of the Conspiracy Provision of the Competition Act: Compliance in an Era of Reform", delivered at the Canadian Institute's Competition Law Compliance conference on March 28, 2007;
· "Decriminalizing Canada's Price Discrimination Provision" in ABA Section of Antitrust Law, Volume 5, Issue 2 (Winter 2007);
· "Public Interest Privilege in Administrative Proceedings: Necessary Safeguard or Unfair Advantage?", presented at The Second National Forum on New Directions in Administrative Law and Practice (2006);
· "Criminal Penalties for Cartel Conduct" in PLC Competition Handbook (2005/06/07);
· "Disclosure of Confidential Information: The Competition Bureau's New Information Bulletin" in International Antitrust Bulletin (Winter 2006);
· "Negotiating and Drafting IP License Agreements: Essential Steps and Best Practices for Home and Abroad", InSight Conference, Feb. 2005;
· "Canadian Export Controls and Information Technology" in Electronic Commerce: A Practitioner's Guide (A. Gahtan et al., eds.), looseleaf (Toronto: Thomson Carswell, 2003);
· "Comparative Review of Canadian Competition Policy Reform", presented at 2005 Competition Law Invitational Forum, Cambridge;
· "Exploitation of Research Tools in Plant Biotechnology: Access through Application of the Experimental Use Exception [Part 2]", [2003/2004] 6 Bio-Science Law Review 244 - 252;
· "Exploitation of Research Tools in Plant Biotechnology: Access through Application of the Experimental Use Exception [Part 1]", [2003/2004] 5 Bio-Science Law Review 179 - 188;
· "Bioprospecting, Genetic Patenting and Indigenous Populations - Challenges Under a Restructured Information Commons", 7(3) Journal of World Intellectual Property 401-428.
Professional and Community Activities
· Member, Canadian Bar Association (Ontario)
· Member, Law Society of Upper Canada
· Member, Ontario Bar Association
· Member, Willem C. Vis Moot Alumni Association (MAA)