Denis Gascon's areas of expertise are competition law and international trade law. Mr. Gascon is head of the antitrust, competition and regulatory team in Canada and past chair of our international trade law team. He advises domestic and international clients on all aspects of competition and international trade laws, including Canadian and multijurisdictional merger transactions, criminal cartel and conspiracy cases, distribution strategies and pricing practices, compliance programs and trade remedy cases.
Mr. Gascon regularly represents Canadian and foreign clients before the Canadian Competition Bureau and the Competition Tribunal in merger transactions that are reviewed by the Commissioner and in civil matters. He also advises clients with respect to their dealings with competitors and their distribution and pricing practices and assists them in criminal and civil investigations undertaken under the Competition Act. He also assists clients in foreign investment reviews under the Investment Canada Act. He has represented and advised Canadian and foreign-based corporations in several different industries, including agricultural products, transportation, steel, pulp and paper, telecommunications, media and entertainment, book publishing, financial services, real estate, electronic products and services, food products and services, grocery and pharmaceutical products, home hardware, building products, newspaper distribution and consumer products.
Mr. Gascon has also appeared on numerous occasions before the Canadian International Trade Tribunal and the Federal Court of Canada in dumping, trade remedy, safeguards and tariff relief matters. He regularly advises Canadian and international clients on a broad range of international trade matters, and in particular in anti-dumping actions and other trade remedy proceedings. He has been the lead counsel of ArcelorMittal and its predecessor companies for the last 20 years. More specifically, he successfully acted as lead counsel for Arcelor, then the largest steel producer in the world, and other European steel producers in the Canadian International Trade Tribunal's safeguard inquiry into certain steel products, the most complex trade inquiry ever conducted in Canada.
Selected client work
Mr. Gascon has recently acted for the following clients:
· Japanese corporations, in the ongoing investigation of alleged conspiracy and bid-rigging in the supply and sale of motor vehicle components
· AbitibiBowater/Resolute in its hostile take-over bid of Fibrek Inc. in the pulp and paper industry
· Rock-Tenn Company, in its US$3.5 billion acquisition of Smurfit-Stone Container Corporation in the consumer packaging, containerboard and corrugated packaging industries
· ArcelorMittal, in its acquisition of Baffinland Iron Ore Corporation by way of a take-over bid
· Valeant Pharmaceuticals International, in its merger with Biovail Corporation in the specialty pharmaceutical products business
· Groupe Aeroplan Inc., in its acquisition of Carlson Marketing Worldwide in the loyalty management business
· Groupe Westco Inc., in its successful defence against a refusal-to-deal application before the Competition Tribunal, the most important case considered by the Tribunal in 2008-2009, and in several related proceedings
· RONA inc., in various acquisitions including Réno-Dépôt, Dick's Lumber, Totem Building Supplies Ltd. and Revelstoke
· Arcelor S.A., in its takeover of Dofasco Inc. and its merger with Mittal Steel N.V. to create the world's largest steel producer
· Quebecor Media inc., in its acquisitions of Osprey Media Income Fund and of Sogides
Speaking engagements
· "Cartel Investigations and Enforcement Before Agencies and Criminal Courts: Criminal Cartel Immunity-The Fault Lines," International Bar Association Annual Conference, Antitrust Committee and Business Crimes Committee, Dubai, November 1, 2011.
· "The Interview 2011" (co-panellist), Competition Law Section Annual Fall Conference, Canadian Bar Association, Gatineau, QC, October 6, 2011.
· "Le droit de la concurrence : votre programme de conformité" (co-presenter: Caroline Lemoine), Regulatory and Ethical Compliance Section Conference, Canadian Bar Association, Montréal, February 23, 2011.
· "Marchés publics aux États-Unis et 'Buy American': comment s'y retrouver," Les Affaires webinar, Montréal, November 9, 2010.
· "Navigating the New Hybrid Approach to Horizontal Agreements - Between Scylla and Charybdis?" (panel moderator), Canadian Bar Association Competition Law Spring Forum, Toronto, May 17, 2010.
· "The New Competition Act: Civil Actions in the New Environment," Federated Press Conference, Montreal, October 2, 2009.
· "Merger Review: the New 'New Paradigm,'" Competition Law Section Annual Fall Conference, Canadian Bar Association, Ottawa, September 24, 2009.
· "Competition Law: Facing the Rigours of a Free Market," Canadian Bar Association CLE program, Montreal, June 2, 2009.
· "Recent Developments in Civil Matters under Canadian Competition Law," Chair of the Canadian Bar Association Competition Law Spring Forum, Toronto, May 12, 2009.
· "Private Actions: Is it Time to Fully Open the Tribunal Door? Issues and Lessons from the Westco Case," 2009 NorthWind Professional Institute Competition Law and Policy Forum, Cambridge, Ontario, February 13, 2009.
· "Antitrust/Trade Law Interface: A Canadian Perspective," International Bar Association Conference, Antitrust and Trade Law Committee, Buenos Aires, October 13, 2008.
Rankings and recognitions
· 2011 Lexpert® Guide to the Leading US/Canada Cross-border Litigation Lawyers in Canada (US Litigation Guide) - Competition law, International Trade Regulation
· Global Competition Review (GCR 100), 2011
· Best Lawyers in Canada, 2011 - Competition/Antitrust Law, International Trade and Finance Law
· PLC Which lawyer? 2012 - Competition/antitrust
· Global Competition Review - The International Who's Who of Competition Lawyers & Economists 2010
· Chambers Global: The World's Leading Lawyers for Business, 2011 - Competition/Antitrust, International Trade/WTO
· Mondaq's Guide to the World's Leading Competition Advisors
· Canadian Legal Lexpert Directory - Competition Law, International Trade Regulation
· Legal Media Group's Guide to the World's Leading Competition and Antitrust Lawyers
· Legal Media Group's Guide to the World's Leading International Trade Lawyers
· Legal Media Group's The Best of the Best 2008 - International Trade
· Global Competition Review 100's Guide to the World's Leading Competition Law and Economic Practices
· Law Business Research's Who's Who Legal, The International Who's Who of Business Lawyers 2011 - Competition
Memberships and activities
· Canadian Bar Association
- Member of the Executive of the Competition Law Section (2009- )
- Former Chair, Enforcement Practices and Procedures Committee, Competition Law Section
- Former member, Executive Committee, International Law Section
· International Bar Association
· American Bar Association
- Antitrust Law Section
- International Law and Practice Section
· Former Lecturer, Quebec Bar Admission Course
· Former Lecturer, Economics, Université Laval and Université du Québec à Montréal
Related Publications
Dissolution recognized as potential remedy in merger challenges
In a recent order dated November 3, 2011, the Competition Tribunal recognized that dissolution can be available as a potential remedy to address the anticompetitive effects of a completed merger.
22/11/2011
Supreme Court of Canada denies leave in "refusal to deal" case
In a decision rendered today, the Supreme Court of Canada refused to hear an appeal from the sole poultry slaughtering company currently operating in New Brunswick, Nadeau Poultry Farm Limited, who wished to challenge a decision of the Federal Court of Appeal.
22/12/2011
Canada: Monopolisation
The Canada: Monopolisation chapter of The 2012 Antitrust Review of the Americas was written by Kevin Ackhurst and Denis Gascon.
01/10/2011
Federal Court of Appeal confirms landmark decision in a "refusal to deal" case
In an important decision rendered on June 2, 2011, the Federal Court of Appeal confirmed a June 2009 Competition Tribunal decision in a refusal to deal case.
15/06/2011
Quebec company fined $425,000 for bid-rigging
On July 19, Les Entreprises Promécanic Ltée (Promécanic) pleaded guilty to three counts of bid-rigging before the Superior Court of Quebec and was fined $425,000.
04/08/2011
Competition Bureau clarifies language in merger clearance letters
Parties to transactions that are subject to the pre-merger notification requirements contained in Part IX of the Competition Act must submit the prescribed pre-merger notification and await the expiry of an initial 30-day waiting period before being able to complete their transaction.
11/08/2011
2010 in review: Developments at the Canadian Competition Bureau
Last year was a busy one for Canada's Competition Bureau as it announced plans to consult stakeholders on the need to revise its merger analysis framework, released two enforcement bulletins and updated its merger-related fee and service standards policy to reflect major changes to the Competition
01/08/2011
A Canada - EU Free Trade Agreement: economic and legal issues
Since 2009, Canadian officials have been in regular contact with their European Union (EU) counterparts in order to achieve a free trade agreement (FTA) between Canada and the EU.
29/10/2010
Accused in price-fixing cartel collaborate with plaintiffs in parallel class action
In a judgment handed down on October 4, 2010, the Quebec Superior Court approved a settlement agreement in which two defendants facing criminal charges relating to gas price-fixing will cooperate with the plaintiffs in a parallel class action.
29/10/2010
Rejection of Potash Corp. bid brings uncertainty to Investment Canada Act process
On November 3, 2010, Canada's Minister of Industry announced he was not satisfied at this time that the proposed acquisition of Potash Corporation of Saskatchewan Inc.
05/11/2010
Merger developments at the Canadian Competition Bureau
It has been a busy autumn for Canada's Competition Bureau on the mergers front, as the Bureau announced plans to consult stakeholders on the need to revise its merger analysis framework and updated its merger-related fee and service standards policy to reflect major changes to the Competition Act
16/11/2010
International sales contracts: New Incoterms in effect January 1, 2011
Export transactions generally involve international sales contracts, whose clarity of terms is crucial to avoiding disputes between parties.
24/11/2010
Proposed US legislation would raise risks and costs of exporting
A bill currently before the United States Congress-the Foreign Manufacturers Legal Accountability Act of 2010 (FMLAA)-could, if made into law, have an adverse impact on businesses and manufacturers that export products to the United States.
17/08/2010
Summary of Canadian economic sanctions
The Canadian government is empowered to implement economic sanctions under three statutes.
01/06/2010
Making the Most of a Bad Situation: Turning Customs Penalties into Compliance Upgrades
Companies involved in the commercial import/export, brokerage, carrier or warehouse business may be aware of the Penalty Reduction Agreement policy of the Canada Border Services Agency
07/01/2011
Competition Tribunal issues key ruling on "refusal to deal"
In a ruling released on August 7, 2009,[i] the Competition Tribunal dismissed an application by Nadeau Poultry Farm Limited which would have forced Groupe Westco inc., the largest chicken producer in New Brunswick, and two smaller producers, Groupe Dynaco and Volailles Acadia S.E.C., to continue
10/08/2009
When efficiency trumps antitrust: Competition Bureau publishes final bulletin on efficiencies in merger review
On March 2, 2009, Canada's Competition Bureau published the final version of its Bulletin on Efficiencies in Merger Review. Although the Bureau's existing Merger Enforcement Guidelines
17/03/2009
Canada's new two-stage merger review process begins to take shape
Canada adopted a two-stage merger review process on March 12, 2009 following amendments to the Competition Act contained in Canada's recent federal budget.
08/04/2009
Canada's Budget Bill to overhaul the competition act and investment Canada Act
On Friday, February 6, 2009, Canada's Minister of Finance, James Flaherty, introduced in Parliament Bill C-10, the Budget Implementation Act, to implement fiscal and economic measures Canada is taking to deal with the current economic crisis and that were set out in the January 27, 2009 federal
10/02/2009
Changes in Store for Canada's Competition and Investment Laws
In the recent Speech from the Throne on November 19, 2008, entitled Protecting Canada's Future, the Canadian government outlined its plans to amend Canada's competition and investment laws.
24/11/2008
Amendments to the Notifiable Transactions Regulations
Amendments to the Notifiable Transactions Regulations made under the Competition Act (the Regulations) came into force on February 2, 2010.
19/03/2010
Amendments to the Notifiable Transactions Regulations
Amendments to the Notifiable Transactions Regulations made under the Competition Act (the Regulations) came into force on February 2, 2010.
19/03/2010
Related News
Lawyers see overkill hidden in Bill
Legislative revisions to the Competition Act and the Investment Canada Act will change the way Canadian companies do business, says Denis Gascon in The Bottom Line.
01/04/2009
Foreign Buyers Eye Canadian Opportunities
Denis Gascon, co-chair of our Competition / Antitrust team, is featured in The Globe and Mail's MA supplement, discussing the foreign investment landscape in Canada.
16/07/2008