Adam F. Fanaki

“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