Michelle  Lally

Michelle Lally, Partner; Chair, Competition Law/Foreign Investment Group

Contact Information

  • tel: 416.862.5925
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Bar Admission

Ontario, 1992

Education

  • Osgoode Hall Law School, LL.M.
  • University of Western Ontario, LL.B.
  • Queen’s University, B.A. (Hons.)

Office

Toronto

Language(s)

English

Biography

Michelle is the Chair of Osler's highly regarded Competition Law and Foreign Investment Group. She has over 20 years of extensive experience in all aspects of competition law and foreign investment review, including mergers & acquisitions, strategic alliances, price fixing & bid-rigging investigations and pricing and distribution matters.

She advises clients across a broad range of industry sectors, including financial services, telecommunications, pharmaceutical, broadcasting, arts & entertainment, new media, energy, mining, food & consumer packaged goods, transportation and travel and at all levels of such industries- manufacturing, wholesaling and retailing.  Michelle has successfully obtained the clearances under the Competition Act and the Investment Canada Act of numerous complex domestic, cross-border and international transactions.  She regularly represents parties facing civil investigations by the Competition Bureau or civil cases before the Competition Tribunal relating to the application of the abuse of dominance, price maintenance, refusal to supply, tied selling and exclusive dealing provisions of the Competition Act.

As part of providing strategic competition law counselling and compliance advice, Michelle often designs and conducts internal antitrust audits/investigations for clients.  She also assists immunity applicants and targets of domestic and multinational conspiracy & bid-rigging investigations in their dealings with the Criminal Branch of the Competition Bureau and the Department of Public Prosecutions.

Notable Matters

  • TELUS Corporation in connection with the Competition Bureau inquiry and subsequent action brought by the Commissioner of Competition in the Ontario Superior Court against TELUS, Bell, Rogers and CWTA under the misleading representation provisions of the Competition Act.
  • Royal Bank of Canada in its acquisition of the remaining 50% interest in RBC Dexia Investor Services Limited.
  • Amex Bank of Canada in a class action alleging price maintenance in relation to credit card products.
  • Bank of Montreal in a class action against BMO Financial Group, Visa Canada Corporation, MasterCard International Incorporated and various other banks alleging a price-fixing conspiracy in relation to Visa’s and MasterCard’s credit card rules.
  • Royal Bank of Canada, Toronto-Dominion Bank, Bank of Montreal, Bank of Nova Scotia, Canadian Imperial Bank of Commerce, Credit Union Central of Canada, Federation des Caisses Desjardins du Quebec and National Bank of Canada in connection with the development of a mobile commerce operating framework.
  • Canadian Bankers Association in an application by Commissioner of Competition for an order under section 76 ofthe Competition Act (price maintenance) against Visa Canada Corporation and Master Card International Incorporated.
  • London Stock Exchange Group PLC on its proposed merger of equals with TMX Group Inc.
  • Equinox Minerals Ltd. in connection with its acquisition by Barrick Gold Corporation.
  • Target Corporation in its $1.825 billion acquisition of leasehold interests from Zellers Inc. and establishment of operations in Canada.
  • Sterling Partners and its co-investors on its acquisition of MOSAID Technologies Incorporated; Sterling Partners and Canada Pension Plan Investment Board on their acquisition of Livingston International Income Fund.
  • Parametric Technology Corporation on its acquisition of MKS Inc.
  • March Networks’ acquisition by Infinova (Canada) Ltd.
  • JPMorgan Chase Bank in its acquisition of credit card assets of The Home Depot credit card program of Citi Cards Canada Inc.
  • Comcast Corporation in connection with its acquisition from General Electric in NBC/ Universal.
  • The Royal Bank of Canada in connection with a number of acquisitions and the Competition Bureau’s inquiry into the credit card sector.
  • Kraft Foods Inc. / Cadbury Adams Canada Inc. in connection with the regulatory investigation into allegations of price-fixing in the chocolate industry and in numerous class actions across Canada.
  • Cadbury PLC in connection with the unsolicited bidby Kraft Foods Inc.
  • The Procter & Gamble Company in connection with its disposition of its Global Pharmaceuticals Business to Warner Chilcott plc.
  • Canwest Global Communications Inc. in connection with the sale of each of its broadcasting businesses and its newspaper and publishing businesses; its acquisition of Alliance Atlantis Communications Inc.; and other related acquisitions and sales.
  • TELUS Corporation in connection with the auction of BCE, its acquisition of Emergis Inc., Clearnet and of a majority interest in The QuébecTel Group Inc.
  • Canadian Bankers Association in connection with competition law matters.

Affiliations

  • Canadian Bar Association, a Former Chair of the National Competition Law Section
  • American Bar Association, Section of Antitrust Law

Industry Recognition

  • Chambers Global: The World’s Leading Lawyers for Business:  Competition/Antitrust
  • The Canadian Legal Lexpert Directory: Competition
  • The Lexpert Guide to the Leading US/Canada Cross-border Litigation Lawyers in Canada: Competition
  • Who’s Who Legal:  Canada
  • The Best Lawyers in Canada:  Competition/Antitrust Law
  • The International Who's Who of Competition Lawyers & Economists: Competition
  • Guide to the World’s Leading Women in Business Law 2012: Competition and Antitrust
  • Expert Guides: The Legal Media Group Guides to the World’s Leading Lawyers 2012: Competition and Antitrust
  • Expert Guides: Leading Practitioners in China 2011: Competition and Antitrust – International

Publications/Events/Education