“The best in the business in Canada. He is very knowledgeable but unusually practical for a lawyer in a specialized area.” (Client – Chambers Global 2016) Adam F. Fanaki Partner Office Toronto Tel 416.863.5564 Email Adam advises 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. He has acted as lead counsel in a number of the most significant competition cases in Canada. Adam has also represented parties in litigated proceedings before the Competition Tribunal and other complex proceedings at all levels of court in Canada, including class actions. Before joining our firm, Adam acted as Senior Deputy Commissioner of Competition and head of the Mergers Branch at the Canadian Competition Bureau. He previously acted as the Special Counsel to Canada’s Commissioner of Competition and in this capacity held primary responsibility for the design and implementation of major reforms to the Competition Act. Adam is cochair of the C.D. Howe Institute Competition Policy Council. He has authored numerous papers and testified before parliamentary and Senate committees on issues of competition policy. [email protected] Representative Work Expertise Competition, Antitrust & Foreign Investment Dispute Resolution Investigations & White Collar Defence Advertising, Marketing & Distribution Bar Admissions Ontario, 1996 Pfizer Inc. Acted as Canadian counsel to Pfizer Inc. on competition and regulatory matters in connection with Pfizer's proposed US$160billion acquisition of Allergan Plc. Teva Pharmaceutical Industries Ltd. Acted as Canadian counsel to Teva Pharmaceutical Industries Ltd. on competition and regulatory matters in connection with Teva's US$40.5 billion acquisition of Allergan Plc's generic pharmaceuticals business. Pfizer Inc. Acted as Canadian counsel to Pfizer Inc. on competition and regulatory matters in connection with its $17billion acquisition of Hospira Inc., a leading provider of injectable drugs, infusion technologies and biosimilars. Staples, Inc. Acted for Staples, Inc. with respect to Canadian regulatory matters in connection with its proposed $6.3billion acquisition of Office Depot, Inc. Actavis plc Acted as Canadian counsel to Actavis plc on competition and regulatory matters in connection with its US$66 billion acquisition of Allergan, Inc. Iron Mountain Incorporated Acted for Iron Mountain Incorporated (IRM) in connection with the Adam F. Fanaki | Lawyer Profile | Page 1 of 4 divestiture of certain records and information management assets in the United States and Canada to Arkive, Inc., a portfolio company of the matters in connection with its US$66 billion acquisition of Allergan, Inc. Adam F. Fanaki Partner Office Iron Mountain Incorporated Acted for Iron Mountain Incorporated (IRM) in connection with the divestiture of certain records and information management assets in the United States and Canada to Arkive, Inc., a portfolio company of the U.S.based private equity firm, Summit Park Partners. The U.S. Department of Justice and Canadian Competition Bureau required these assets to be divested following IRM's US$2billion acquisition of Recall Holdings Ltd. Toronto Tel 416.863.5564 Email [email protected] Alimentation Couche-Tard Inc. Acting for Alimentation CoucheTard Inc. in connection with (1) its acquisition of, by way of merger, the Texasbased gasandconvenience store chain CST Brands, Inc., valued at approximately US$4.4 billion; and (2) Alimentation CoucheTard Inc.'s subsequent sale of a portion of CST Brands, Inc.'s Canadian assets to Parkland Fuel Corporation for approximately US$750 million, subject to adjustments. The Sherwin-Williams Company Acted as Canadian counsel to The SherwinWilliams Company on competition and regulatory matters in connection with its US$11.3 billion acquisition of The Valspar Corporation. Alimentation Couche-Tard Inc. Acted for Alimentation CoucheTard Inc., the leader in the Canadian convenience store industry, in connection with its $1.68billion acquisition of 279 Essobranded fuel and convenience sites; 229 of these sites are located in Ontario and 50 are located in Québec. The acquisition also includes land banks and dealeroperated sites, as well as a longterm supply agreement with Imperial Oil. McKesson Corporation Acted for McKesson Corporation, a leading international healthcare services and information technology company, in connection with its $3billion acquisition of Rexall and Rexall Pharma Plus, which operate approximately 470 pharmacies in Canada, from Katz Group, one of Canada's largest privately owned enterprises. Recognitions Chambers Global: The World’s Leading Lawyers for Business— Competition/Antitrust (Band 1); Competition/Antitrust: Litigators Chambers Canada: Canada’s Leading Lawyers for Business— Competition/Antitrust (Band 1); Competition/Antitrust: Litigators GCR 100 Canada: A Guide to the World’s Leading Competition Law and Economics Practices—Competition and Foreign Investment Review Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms & Attorneys—General Commercial (Litigation Star); Securities (Litigation Star) The Legal 500 Canada—Competition and Antitrust The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada—Competition Law Report on Business/Lexpert Special Edition Canada’s Leading Litigation Lawyers Adam F. Fanaki | Lawyer Profile | Page 2 of 4 Lexpert Guide to the Leading US/Canada CrossBorder Corporate Lawyers in Canada—Competition Law The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada—Competition Law Adam F. Fanaki Partner Report on Business/Lexpert Special Edition Canada’s Leading Litigation Lawyers Lexpert Guide to the Leading US/Canada CrossBorder Corporate Lawyers in Canada—Competition Law Lexpert Guide to the Leading US/Canada CrossBorder Litigation Lawyers in Canada Office Toronto Tel 416.863.5564 Email [email protected] The Canadian Legal Lexpert Directory—Competition Law (Most Frequently Recommended) The Best Lawyers in Canada—BettheCompany Litigation; Competition/Antitrust Law; Corporate and Commercial Litigation Who’s Who Legal: Canada—Competition; Who’s Who Legal: Competition—Lawyers Expert Guides—Competition and Antitrust Insights Investment Canada Act: Guide for Foreign Investors in Canada, 2016 Edition June 08, 2016 Investment Canada Act: Guide for Foreign Investors in Canada, 2016 Edition (Chinese) June 08, 2016 Competition Tribunal Dismisses Refusal to Deal Application Against CarProof, AutoTrader and Kijiji Jan. 06, 2016 Common Law Conspiracy and Other Economic Torts Oct. 28, 2015 Canadian Government Announces Changes to Foreign Investment Review Regime Mar. 26, 2015 Proposed Competition Act Amendments Authorize Investigation of CrossBorder Price Discrimination Dec. 15, 2014 Supreme Court of Canada Allows Indirect Purchaser Class Actions for Antitrust Claims May 06, 2014 Canadian Competition Bureau Releases Draft Enforcement Guidelines on Price Maintenance Apr. 07, 2014 Proposed Amendment to Canada’s Competition Act to Prohibit “Unjustified” CrossBorder Price Discrimination Mar. 13, 2014 Proposed Amendment to Canada’s Competition Act to Prohibit “Unjustified” CrossBorder Price Discrimination Feb. 11, 2014 Education King’s College London, MA (European Competition Law), 2007 University of Western Ontario, LLB (with Distinction), 1994 Adam F. Fanaki | Lawyer Profile | Page 3 of 4 University of Western Ontario, BA, 1991 Education Adam F. Fanaki Partner Office Toronto King’s College London, MA (European Competition Law), 2007 University of Western Ontario, LLB (with Distinction), 1994 University of Western Ontario, BA, 1991 Community Involvement C.D. Howe Institute, Competition Policy Council, cochair Canadian Bar Association, Legislation and Competition Policy Committee, former chair Tel 416.863.5564 Teaching Engagements Email Adam has been an adjunct faculty member at Osgoode Hall Law School and a lecturer at Western Law, the University of Toronto Faculty of Law and Queen’s University Faculty of Law. [email protected] Adam F. Fanaki | Lawyer Profile | Page 4 of 4
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