Yana Ermak is an associate in Baker McKenzie’s International Commercial Practice Group and a member of the Global Antitrust & Competition Group focusing on competition/antitrust and foreign investment law. Yana also advises domestic and international clients on all aspects of Canada’s Anti-Spam Law (CASL).
Yana’s practice focuses on merger and foreign investment review, including investments in cultural businesses and counsel on national security issues. She regularly advises on all aspects of pre-merger clearance, including preparation of merger filings, negotiations with the Canadian Competition Bureau, hold separate arrangements, divestitures and consent agreements.
As part of her foreign investment practice, Yana assists clients with the preparation of review applications in both cultural and non-cultural sectors, drafting and negotiating undertakings in connection with foreign investment approval and strategic approaches to obtaining national security clearance. In addition to deal work, Yana provides day-to-day strategic counsel in other areas of competition law, including abuse of dominance, pricing and other distribution issues, criminal matters and misleading advertising and marketing practices. Yana’s in-depth knowledge of competition and foreign investment law is complemented by her industry knowledge. She has been involved in a number of high-profile mergers in the pharmaceutical, transportation, mining, manufacturing, retail, media and advertising and telecommunications industries.
Representative Legal Matters
- Advised Platinum Equity in its USD 3.8 billion acquisition of Husky IMS International Ltd., the Canada-headquartered global leader in the manufacture and supply of injection molding equipment to the plastics industry. The acquisition involved obtaining both merger clearance under the Competition Act and foreign investment approval under the Investment Canada Act.
- Advised a leading US-based data communications and telecommunications equipment provider on its USD 1.2 billion cross-border acquisition of a Canadian manufacturer of advanced video surveillance solutions listed on the Toronto Stock Exchange.
- Advised Hytera Communications Corporation on merger control and foreign investment aspects of its CAD 88 million acquisition of Norsat International Inc., a public Canadian satellite components and antenna manufacturer. The transaction was subject to intense public scrutiny in Canada and the US , due to the Chinese acquirer and the perceived sensitive nature of the target, which makes government and defense sales internationally.
- Advised Otsuka Pharmaceutical Co., Ltd., a Japanese manufacturer of pharmaceuticals and nutritional supplements, in connection with its acquisition of Vancouver-based Daiya Foods Inc., a dairy alternative food company specializing in the manufacturing of plant-based cheese-like products.
- Advised a US-based professional services firm in an abuse of dominance complaint and resulting investigation regarding exclusionary conduct by a professional self-regulatory body.
- Advised a global media company and its international subsidiaries in connection with anticipated coming into force of a private right of action under Canada’s anti-spam law (CASL); reviewed existing practices to ensure CASL compliance and prepared CASL compliance policies.
- Provide ongoing advice to a global confectionary company on all aspects of advertising, marketing, food regulatory and CASL compliance.
- Advised a global auto-parts manufacturer in connection with an alleged bid-rigging case and resulting class action.
- Prepared tailored compliance programs and training for numerous clients.
- Assisted a leading international insurance company in the development of a global competition compliance policy, including providing ongoing training and support to its Canadian operations.
Professional Associations and Memberships
- Law Society of Ontario - Member
- Canadian Bar Association - Member, National Competition Law
- Ontario Bar Association - Member
- American Bar Association - Section on Antitrust Law
- Ontario~Canada (2003)
- University of Toronto Law School (J.D.) (2002)
- University of Toronto (B.A. with Distinction) (1995)
Author, Canadian Chapter on The Cartels & Leniency Review, 6th edition, 2018
Co-author, Canada Chapter on Dominance in Getting the Deal Through, 2017 and 2018
Co-author, Canadian Direct Marketing, Canadian Advertising and Canadian Online Advertising chapters in the Thomson Reuters Practical Law Sales & Marketing International Transaction Guide series, 2017
Speaker, “Understanding Recent Changes to Investment Canada Act Filings,” Ontario Bar Association’s Institute, Capital Raising and Investment in Ontario: Emerging Trends and Developments, 2016
Moderator, “Managing Antitrust/Competition Risk in Global Sales and Distribution,” Doing Business Globally, 2015