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Arlan W. Gates

Partner
Baker & McKenzie LLP

Biography

Arlan Gates practices commercial and regulatory law as a member of Baker McKenzie's Global International Commercial & Trade and Antitrust & Competition groups. He leads the Canadian Antitrust, Competition and Foreign Investment Practice, which has been ranked by The Legal 500 and Chambers Canada. He is also ranked by Chambers Canada and by Best Lawyers in the area of advertising, marketing and data protection law and leads the Canadian Advertising, Marketing and Regulatory Practice, providing support to domestic and international businesses on regulatory aspects of market entry and ongoing commercial operations in Canada and abroad. Arlan joined Baker McKenzie as a summer associate in 1999 and has also worked in the Firm's Sydney office.

Practice Focus

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, data privacy and anti-spam laws, public/government procurement 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 commercial contracting and 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 Japanese conglomerate on competition and foreign investment aspects of its USD 11 billion acquisition of a power grids business in Canada and other jurisdictions.

  • Advised a US-based provider of audiovisual services in its response to a Section 11 order and Canadian Competition Bureau inquiry into the proposed sale of its event services business to a competitor.

  • Represented a private equity investment firm in obtaining merger clearance for its USD 2.74 billion acquisition of a US publicly-listed global provider of cloud-based public relations software and media services.

  • Represented a private equity investment firm in obtaining merger clearance for its USD 2 billion acquisition of a publicly-traded global distributor of aerospace products.

  • Advised a Spanish company on merger control and foreign investment in Canada for its acquisition of a majority interest in a British makeup and skincare brand.

  • Represented a China-based state-owned enterprise in obtaining Canadian regulatory approval for a strategic financial investment in a Canadian publicly-listed mining company.

  • Represented a global manufacturer of building products its USD 7 billion acquisition of a US-headquartered drywall manufacturer.

  • 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.


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)

Admissions

  • Ontario~Canada (2002)

Education

  • University of Toronto (J.D.) (2000)
  • University of Cambridge (M.Phil International Relations) (1997)
  • University of Winnipeg (B.A. Honours) (1995)

Languages

  • English
  • French

Previous Offices

  • Sydney

Publications

  • Co-author, Canada: Pharmaceuticals, "The Antitrust Review of the Americas," Global Competition Review, 2016-2021

  • Co-author, Canada chapter on Dominance in Getting the Deal Through, 2017-2020

  • Co-author, Canada chapter on Commercial Contracts in Getting the Deal Through, 2019-2020

  • Co-author, Canada chapter, The Cartels and Leniency Review, Law Business Research, 2018-2020

  • Co-author, Canada Chapter, Chambers White-Collar Crime & Investigations Global Practice Guide, 2020