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Peter Franklyn - Competition/Antitrust Lawyer

Peter Franklyn

Partner, Competition/Antitrust & Foreign Investment

Key Contact: Competition/Antitrust

Key Contact: Competition/Antitrust - Mergers & Acquisitions

Key Contact: Foreign Investment/Investment Canada


Contact Information

pfranklyn@osler.com

tel: 416.862.6494

Office

Toronto


Peter is a leading advisor with over 30 years of experience in competition/antitrust matters including complex domestic and multi-jurisdictional M&A transactions, strategic alliances, cartels, government investigations and related class actions, pricing and distribution and counselling matters. He represents clients across a wide range of industries including entertainment, financial services, media, technology, manufacturing, publishing, retailing, transportation, natural resources and the energy sectors. These include General Motors, London Stock Exchange Group, Viacom, Sony, Simon & Schuster, Microsoft, DuPont, Honeywell, Philips Electronics and leading financial institutions, private equity investors and pension funds. Peter also has extensive experience advising clients on developing innovative solutions to complex regulatory issues arising under the Investment Canada Act and related government policies, including those related to national security issues.

  • Platinum Equity Advisors

    Platinum Equity Advisors in its acquisition of Livingston International

  • Intercontinental Exchange Inc.

    Intercontinental Exchange Inc. in the acquisition of NGX and Shorcan Brokers from TMX Group.

  • TPG Capital LP

    TPG Capital LP in its proposed acquisition of Transplace Inc.

  • China National Chemical Corporation

    ChemChina in connection with its US$43 billion acquisition of Syngenta AG.

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    • Norsk Hydro in connection with its acquisition of SAPA.
    • Procera Networks Inc., an affiliate of Francisco Partners, in the $562 million acquisition of TSX-listed network policy control solutions company Sandvine Corporation by way of plan of arrangement in Ontario.
    • Constellation Brands, Inc. in the sale of its Canadian wine business to Ontario Teachers’ Pension Plan for approximately $1.03 billion.
    • Ontario Teachers’ Pension Plan Board, Providence Equity Partners and Madison Dearborn Partners LLC in connection with the sale of their interest in Q9 Networks to Bell.
    • Simon & Schuster in connection with Competition Bureau’s investigation of the ebooks matter under Section 90.1 and related proceedings before the Competition Tribunal, and related class action proceedings.
    • CarProof and its shareholders including private equity investor Hellman & Friedman in its CAD$650 million sale to IHS Inc.
    • Sony Music/Sony Music ATV in connection with a private refusal to deal application before the Competition Tribunal.
    • Apax Partners/Azelis Group in connection with the acquisition of specialty chemical distributor Koda Distribution Group.
    • Panasonic Healthcare in connection with its proposed US$1.1 billion acquisition of Bayer’s diabetes care business.
    • Multiple non-Canadian investors (including state-owned enterprises) in connection with national security reviews under the Investment Canada Act.
    • Defendants in the cathode ray tube, optical disk drive, capacitor, RoRo shipping, smart cards, DRAM, SRAM and LCD class action proceedings and related government investigations.
    • Dresser-Rand in connection with its US$7.8 billion merger with Siemens.
    • Bragg Communications/Eastlink in connection with the proposed acquisition of Bruce Telecom.
    • MEGA Brands in connection with its US$460 million acquisition by Mattel.
    • Kingsett Capital and others in their acquisition of Primaris REIT.
    • Ontario Teachers’ Pension Plan Board, Providence Equity Partners, and Madison Dearborn Partners LLC in connection with their purchase (with Bell) of Q9 Networks for $1.1 billion.
    • Goodman Global Inc in connection with its acquisition by Daikin Industries for $3.7 billion.
    • London Stock Exchange Group PLC on its proposed merger of equals with TSX Group Inc.
    • Avis Budget Group on its proposed acquisition of Dollar Thrifty and various other transactions.
    • Honeywell in its acquisition of EMS Technologies and the sale of its filters business to Rank.
    • Quad/Graphics on the sale of its Canadian printing business to Transcontinental.
    • Shareholders of Acxsys Corporation (Canadian financial institutions) in the proposed restructuring of Interac Association.
    • Walter Energy on its acquisition of Western Coal.
    • Sony Music in its acquisition of the Sony BMG music and EMI music publishing business.
    • Royal Bank of Canada in the restructuring of Visa credit card association.
    • Torstar in connection with its 20% investment in Bell Globemedia.
    • Inco Limited in its proposed acquisition of Falconbridge Limited and eventual acquisition by CVRD.
    • Procter & Gamble in its acquisition of Gillette.
    • General Motors of Canada in its successful defence of a refusal to deal action and numerous transactional and other matters.
    • Viacom in its sale of Famous Players theatre chain to Cineplex.
  • Find More

Chambers

  • Chambers Canada: Canada’s Leading Lawyers for Business, 2016-2019: Competition/Antitrust: (Nationwide - Canada)
    • "...a pleasure to work with."
    • "I have always found him to be extremely competent. He's very well-known and respected by the regulators."
  • Chambers Global: The World’s Leading Business Lawyers, 2012-2019: Competition/Antitrust
  • Chambers Global: The World’s Leading Business Lawyers 2014-2016: Band 1, Competition/Antitrust - Investment Canada

Lexpert

  • The Canadian Legal Lexpert Directory, 2014-2019: Competition Law
  • The Lexpert Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada, 2013-2017: Competition
  • The Lexpert Guide to the Leading US/Canada Cross-border Litigation Lawyers in Canada 2017: Competition Law

Legal 500

  • The Legal 500, 2019: Leading Lawyer, Competition and Antitrust Law

Who’s Who Legal

  • Who’s Who Legal: International - Competition 2019
    • In 2015: where he’s ranked among Canada’s “most highly regarded” antitrust advisors and described as “outstanding”
  • Who’s Who Legal: Canada - Competition 2018

Best Lawyers

  • Best Lawyers in Canada: Competition/Antitrust Law

Expert Guides

  • Expert Guides: The Legal Media Group Guides to the World’s Leading Lawyers, 2012-2018:Competition/Antitrust Law

  • Right to Play, Champions Executive Board

  • American Bar Association, Antitrust Law, Business Law and International Law Practice Sections
  • Canadian Bar Association, Competition Law Section (Former Chair of the Mergers Committee and Vice-Chair of Foreign Investment Review Committee)

Peter has written extensively on antitrust and foreign investment matters in various business, trade and legal publications, and has chaired and participated in numerous programs, both in Canada and abroad. Recent publications include:

  • Divestiture order reversal suggests evolving approach to national security reviews, Corporate Securities and Finance Law Report, 22 C.S.F.L.R., April 2017 (co-author) and Osler Update, January 18, 2017 (co-author).
  • SNC-Lavalin Avoids Federal Bidding Suspension, Osler Update, December 15, 2015 (co-author).
  • Significant changes to Canadian foreign investment review, Osler Update, December 9, 2015 (co-author).
  • Antitrust Advisory: Revised Integrity Regime for Government Suppliers Addresses some Issues (and Raises Others), Osler Update, July 14, 2015 (co-author).
  • Antitrust Advisory: Mid-Year Merger Review Update, Osler Update, July 6, 2015 (co-author).
  • Significant Changes to Investment Canada Act Review Thresholds, Disclosure Requirements and National Security Review Timelines, Osler Update, March 27, 2015 (co-author).
  • Supreme Court of Canada’s Tervita Decision Provides Important Guidance on Canada’s Merger Laws, Osler Update, January 30, 2015 (co-author).
  • Antitrust Advisory: Implications of the Federal Debarment Policy for Government-Contracting Entities, Osler Update, January 26, 2015 (co-author).
  • Mind the Gap: Commissioner of Competition to Scrutinize Cross-Border Pricing Policies, Osler Update, December 11, 2014 (co-author).
  • Antitrust Advisory: Dos and Don’ts for Communications with Competitors, Osler Update, December 5, 2014 (co-author).
  • Competition/Antitrust Law in Canada, Osler Guides: Doing Business in Canada December 2014.
  • Top 10 Changes That Should be Made to Canadian Competition Law and Institutions, The Canadian
  • Bar Association Annual Competition Law Conference, September 18, 2014 (moderator).
  • 2014 Federal Budget: Announcing a New Foray into Price Regulation for the Commissioner of Competition?, Osler Update, February 13, 2014 (co-author).
  • Toronto Real Estate Board Heads Back to the Competition Tribunal, Osler Update, February 4, 2014 (co-author).
  • Important Developments in Canada That You Should Know About, Antitrust Counsellor, Winter 2013 (co-author).
  • Canadian Government Rejects Accelero–Allstream Deal on National Security Grounds, Osler Update, October 11, 2013 (co-author).
  • Changes to Bureau Enforcement Policies Signal New Aggressive Stance, Osler Update, September 25, 2013 (co-author).
  • Proposed Amendments to Investment Canada Act Capture Control-in-Fact Investments by State-Owned Enterprises, Osler Update, May 2, 2013 (co-author).
  • Competition Bureau Imposes Record-Setting Bid-Rigging Fines, but Jurisdictional Questions Remain, Osler Update, April 23, 2013 (co-author).
  • New Rules for Foreign Investment by State-Owned Enterprises – Do They Strike the Right Balance, Osler Update, December 2012 (co-author).
  • The Indirect Purchaser Debate Arrives in Canada: The Supreme Court of Canada Grants Leave to Consider Illinois Brick, ABA International Bulletin, Spring 2012 (co-author).
  • Agreements Under Canada’s New Competition Regime, Competition Law 360, March 2010.
  • B.C. Court of Appeal Certifies Class Action Arising from Multi-Jurisdictional Antitrust Case, Osler Update, November 12, 2009.
  • Examining Critical Changes to the Competition Act and Investment Canada Act, Live Osler Update, April 20, 2009.
  • Competition Law in Canada, Osler Update, March 20, 2009.
  • Competition Panel Report Recommends U.S.-Style Merger Review, Osler NorthSouth, October 2008.
  • Competition Policy Review Panel Reports to the Minister of Industry, Live Osler Webcast, June 27, 2008 (co-presented).