- Private Transactions
- Public M&A
|Mailing Address||Suite 5300, TD Bank Tower, Toronto Dominion Centre, Toronto, ON, M5K 1E6|
|University ||University of Toronto, B.A., Philosophy, 1983|
|Law School||University of Toronto, LL.M., 1988; University of Ottawa, LL.B., 1986|
|Admitted||1988, Ontario; 1995, England and Wales|
|Memberships ||American Bar Association; International Bar Association. |
|Languages||English, French, German and some Spanish|
Oliver Borgers is a partner in our Competition Law Group in Toronto. Since joining the firm's Toronto office in 1988, he has focused on antitrust law, foreign investment review (Investment Canada Act) and mergers and acquisitions. From 1994 to 1997, Mr. Borgers managed the firm's London, UK office.
His practice centres on the application of competition laws to mergers, acquisitions, joint ventures, alliances, pre-merger notifications and market conduct. Mr. Borgers led the team that obtained Competition Act and Investment Canada Act clearance for Canada's largest transaction to date (Rio Tinto acquisition of Alcan). Mr. Borgers regularly provides strategic advice to major national and international companies and state-owned enterprises on pre-merger clearance matters in a variety of industries and has extensive experience in various marketing and pricing practices, market restrictions, exclusive dealing and a host of other compliance, civil and criminal issues that arise out of antitrust law. He is also a specialist in foreign investment merger review and national security issues arising under such statutes as the Investment Canada Act. Mr. Borgers has had extensive dealings with the Ministry of Industry and Canadian Heritage on investment matters. He regularly speaks on competition law, foreign investment and merger related topics to audiences in Canada and abroad. He sits on editorial board of Practical Law Company's Competition Law Handbook. He is also the contributing editor of the 2012 edition of Foreign Investment Review 2012, part of Law Business Research's Getting The Deal Through series, as well as co-author of the Canada chapter of the publication.
Mr. Borgers is recognized as a leading competition lawyer in the most recent editions of Chambers Global: The World's Leading Lawyers, the International Who's Who of Business Lawyers and the International Who's Who of Competition Lawyers & Economists (Competition Law Review), PLC Which Lawyer 2008, Competition Law Handbook (Practical Law Company), Legal Media Group's Guide to the World's Leading Competition and Antitrust Lawyers, The Best Lawyers in Canada - Competition/Antitrust and the Canadian Legal Lexpert Directory (a guide to the leading law firms and lawyers in Canada).
Mr. Borgers is also listed in the top tier of the Investment Canada (foreign investment review category) in the most recent edition of Chambers Global: the World's Leading Lawyers.
Mr. Borgers speaks English, French, German and some Spanish and is qualified as an English solicitor. He is a member of the American and International Bar Associations, the Studienvereinigung Kartellrecht (German Antitrust Law Association), past chair of the Mergers Committee of the CBA's National Competition Law Section and co-founder and Chair of the Foreign Investment Review Committee. He is also a founding director of the Canadian-German Lawyers Association.
Mr. Borgers received his BA (Philosophy) in 1983 from the University of Toronto, his LL.B in 1986 from the University of Ottawa and his LL.M in 1988 from the University of Toronto. He was called to the Ontario bar in 1988 and became a member of the Law Society of England and Wales in 1995.
Some significant matters in which Mr. Borgers has been involved include:
· Acting for Agrium in acquisition of Viterra/Glencore Assets
· Acting for Pension members of Maple Group in acquisition of TSX;
· Acting for Anglo American in acquisition of De Beers;
· Acting for Rio Tinto in acquisition of Alcan, Ivanhoe Mines and the BHP bid;
· Acting for General Mills in purchase of Yoplait;
· Acting for Intrawest in acquiring Monarch Homes;
· Acting for Anglo American in sale of Moly-Cop;
· Acting for Unilever in acquisition of Alberto-Culver;
· Acting for GE in sale of HBC credit card portfolio to Capital One and acquisition of Merrill Lynch businesses;
· Acted for Avaya in its acquisition of the Nortel telephony enterprise solutions business;
· Acting for Pepsi in acquisition of Pepsi Bottling Group, Tropicana Juices and Quaker Oats (Gatorade);
· Acquisition of Four Seasons;
· Acquisition of Alliance Atlantis;
· Sale of Stelco to US Steel;
· Sale of Fairmont Hotels;
· Sale of Intrawest;
· Merger of AMD and ATI;
· Merger of Sony Music and BMG Music; and
· Merger of Maple Leaf Foods and Schneider Meats.
Documents by this lawyer on Martindale.com
Is “Net Benefit” to Canada different for State-Owned Enterprise Investments?
Oliver J. Borgers,Michele F. Siu, August 6, 2014
Investments in Canadian businesses by foreign state-owned enterprises (“SOE”) may receive greater scrutiny than investments by non-state owned enterprises. The Canadian government has made it clear that investments by SOEs will be assessed differently than other investments under...
Competition Bureau Releases Draft Price Maintenance Guidelines
Oliver J. Borgers,Michele F. Siu, April 4, 2014
On March 20, 2014, the Bureau released draft guidelines on its enforcement approach to price maintenance for public consultation. Price maintenance (section 76 of the Competition Act) includes the practise of a supplier setting a minimum advertised or resale price of its product. In 2009,...
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