Antitrust, Competition & Foreign Investment
Arlan regularly advises on Canadian and international merger control, foreign investment and national security in corporate and commercial transactions, including under the Canadian Competition Act and the Investment Canada Act. He also advises on competition investigations and inquiries by the Canadian Competition Bureau, and provides competition law advice on pricing policies, distribution arrangements, joint ventures and other competitor collaborations, cartels, abuse of dominance, and the implementation of industry-tailored compliance programs.
Advertising, Marketing & Regulatory
Arlan advises extensively on advertising and marketing law, including online, mobile, print and broadcast advertising, deceptive marketing, contests, sweepstakes and promotions, consumer protection, privacy and anti-spam laws, technology, communications and online sales regulation, and product regulatory compliance involving food, cosmetics, drugs, medical devices, and other consumer and industrial products and services, including regulatory enforcement matters.
He has particular experience assisting international businesses with the commercial and regulatory aspects of expanding to Canada, and from Canada to other markets. He frequently coordinates regulatory advice across multiple practice areas and countries in both corporate transactions and commercial projects.
Representative Legal Matters
- Advised a private equity investment firm on merger control and foreign investment approval in Canada for its USD 3.8 billion acquisition of a Canada-headquartered global leader in the manufacture and supply of injection molding equipment to the plastics industry.
- Advised a leading US-based data communications and telecommunications equipment provider in obtaining merger control approvals in Canada and other jurisdictions for its USD 1.2 billion cross-border acquisition of a Canadian manufacturer of advanced video surveillance solutions listed on the Toronto Stock Exchange.
- Advised a China-based manufacturer on the high-profile foreign investment and national security clearance of its acquisition of a publicly-traded Canadian satellite components and antenna manufacturer.
- Advised a state-owned enterprise on merger control, foreign investment and other regulatory approvals worldwide for its acquisition of control of the former Canadian monopoly grain marketing board through a joint venture with a US-based global agribusiness and food company.
- Advised a US-based pharmaceutical and device business on the clearance of its merger with one of the largest international pharmaceutical companies, which was subject to a Supplementary Information Request (SIR) and approved through a multi-year Consent Agreement.
- Advised a Japanese manufacturer of pharmaceuticals and nutritional supplements on merger control, foreign investment, food regulatory and other regulatory aspects of its acquisition of a Canadian dairy alternative food company specializing in the manufacture of plant-based 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 manufacturer in connection with an alleged bid-rigging case and resulting class action.
- Represented a respondent to a Section 11 production order in the Canadian Competition Bureau’s grocery sector abuse of dominance investigation.
- Advised a US-based consumer products company on commercial, marketing and regulatory aspects of the expansion of a premium product line into Canada.
Professional Associations and Memberships
- Law Society of Ontario
- Canadian Bar Association (National Competition Law Section)
- Ontario Bar Association
- Ad Standards (Canada)
- American Bar Association (Section of Antitrust Law)
- Ontario~Canada (2002)
- University of Toronto (J.D.) (2000)
- University of Cambridge (M.Phil International Relations) (1997)
- University of Winnipeg (B.A. Honours) (1995)
Co-author, Canada: Pharmaceuticals, "The Antitrust Review of the Americas," Global Competition Review, 2018, 2017 and 2016
Co-author, Rising Scrutiny: Assessing the global foreign investment review landscape, Baker McKenzie, November 2017
Co-author, Canada chapter on Dominance in Getting the Deal Through, 2017 and 2018
Panelist, "Rules of Engagement: Managing Risk For Consumer Facing Businesses," Baker McKenzie - Doing Business Globally in the Digital Age, Chicago and Dallas, November 2017
Speaker, "Advertising and Marketing Law: Social, Digital, Online Compliance," Ontario Bar Association, Toronto, October 2017