Eric Dufour has a specialized competition law practice with expertise in foreign investment review. He provides transactional, litigation, and general compliance advice under the Competition Act (Canada) and the Investments Canada Act.
Eric has acted in both civil and criminal matters under the Competition Act (Canada), including:
- reviewing mergers and strategic alliances as well as preparing pre-merger notifications, requests for advance rulings, and competitive impact submissions;
- advising and representing clients in respect to criminal matters, such as conspiracy, bid-rigging, and misleading advertising;
- advising and representing clients in respect to immunity and leniency applications;
- coordinating foreign antitrust filings;
- responding to subpoenas and information requests;
- reviewing and opining on trade practices and representing clients in related challenges;
- negotiating, drafting, and reviewing contracts and merger agreements;
- preparing submissions and presentations to the Canadian Competition Bureau;
- reviewing advertisements, contests, and promotions; and
- conducting competition law audits and designing compliance programs for corporate clients and trade associations.
Eric provides advice on all aspects of the Investments Canada Act, including:
- reviewing merger transactions, as well as preparing notifications and applications for review;
- negotiating, drafting, and reviewing contracts and merger agreements; and
- preparing submissions to and negotiating with the Investment Review Branch of Industry Canada.
Eric regularly deals with the Competition Bureau and Industry Canada’s Investment Review Division, and has also acted as counsel in matters involving commercial disputes, class action proceedings, commercial torts, civil actions under the Competition Act, and contracts.
Eric has extensive experience with clients in diverse sectors including financial services, transportation, electricity, publishing, oil and gas, forestry, metals, communications, advertising, food and beverage, manufacturing, retail, and information technology. Prior to joining Miller Thomson, he worked in another leading competition law group in Toronto and has also worked in the Mergers Branch of the Competition Bureau.
Professional achievements & leadership
- Chambers Canada ranked lawyer, Competition/Antitrust, 2016 – 2017
- The Best Lawyers in Canada, Competition/Antitrust Law, 2016 – 2017
- Chambers Global ranked lawyer, Competition/Antitrust, 2012 – 2016
- Chair, Criminal Matters Committee of the Competition Law Section of the Canadian Bar Association
- Maple Group / TMX Group
- Air Canada / Canadian Airlines
- Canadian Imperial Bank of Commerce / Toronto-Dominion Bank
- Alcoa Inc. / Reynolds Metals Company
- Alcoa Inc. / NAMD Inc.
- Best Buy Co. Inc. / Future Shop Ltd.
- Georgia-Pacific Corporation / Fort James Corporation
- Hewlett-Packard / EDS
- Loblaw Co. Ltd. / Sunspun Foodservice
- Loblaw Co. Ltd. / T&T Supermarkets
- McCain Foods Limited / Charcuterie de Bretagne Inc.
- McCain Foods Limited / Wong Wing, Inc.
- Northland Power Income Fund / Northland Power Inc.
- SITQ / Deka-ImmobilienGlobal
- MacMillen Bloodel Limited / Weyerhaeuser Company
- Alcatel SA / Newbridge Networks Corporation
- Psion PLC / Teklogix International Inc.
- Tale & Lyle North American Sugars Ltd. / Westway Holdings Canada Inc.
- Softchoice Corporation / Nexinnovations
- Service Corporation International / Alderwoods Group, Inc.
- Union Energy Limited Partnership / Ozz Corporation
- Ryder Truck Rental / Pollock Rentals Limited
- Saint Gobain Corporation / Vytec Corporation
- Saint Gobain Corporation / OFI LP
- Nufarm Agricultural Inc. / AHM Marks
- ACCO Brands Corporation / MeadWestvaco Corporation’s Consumer & Office Products Business
- Masterfeeds Inc. / Ridley Inc.
- Kraus Group of Companies / Hilco (UK) Ltd.
- Sunrise Farms / Dunn-Rite Foods
- Powerstream Inc. / Barrie Hydro Distribution Inc.
- Novell Inc. / Platespin Ltd.
- Genzyme Corporation / Diagnostic Chemicals Limited
- Berkshire-TWC Financial Group Inc. / Manulife Financial Corporation
- Turner Construction / Clark Builders
- First Choice Group PLC / Kuoni Reisen Holding AG
- C&N Touristic AG / Thomas Cook Canada
- Balli North America, Inc. / Klockner Steel Trade Corporation
- Texaco Inc. / Chevron Corp.
- Champion International Corporation / International Paper
- PrimeWest Energy Inc. / Cypress Energy Inc.
- Teklogix Inc. / Psion PLC
- L-3 Communications / Wescam Inc.
- Norwich Union Holdings (Canada) Limited / American International Group, Inc.
- Commercial Union Life Holdings Canada Ltd. / The Manufacturers Life Insurance Company
- UBS Warburg / Enron Canada
- Key Equipment Finance Canada Ltd. / Toronto-Dominion Bank
- Conagra Grocery Products Limited / Artel Inc.
- Agrifoods International Cooperative / Saputo Inc.
- Commissioner of Competition Clarifies Investigative Procedures and Confirms New Initiatives, Competition Law Report, February 2013
- Panellist on the “Eye to I: Working Effectively with In-House Counsel on Competition Files” 2012 panel for the CBA National Competition Law Section’s Young Lawyers Committee and Corporate Counsel Committee
- Competition Law Newsletter – Midyear Review, July 2012
- “Navigating the per se prohibition minefield – How competition law reforms have impacted common business agreements and relationships”, CBA Business & Corporation Newsletter, March 2011
- “Outlet Center Competition & Radius Restrictions”, 2011 Commercial Real Estate Newsletter
- GLG’s “International Comparative Legal Guide to Merger Control 2011”, Canadian Chapter
- PLC’s 2010/2011 “International Acquisitions Practice Guidelines”, Canadian Chapter
- PLC’s 2010/2011 “Mergers Acquisition Handbook”, Canadian Chapter
- “The Investment Canada Act – Canada’s Waking Giant?”, International Law Office Newsletter”, November 24, 2010
- “Associations Beware: Competition Law Amendments Will Affect You”, 2010 BLG Competition Law Group Newsletter
- “What Foreign Investors Need to Know About the U.S. Steel Case”, 2010 BLG Competition Law Group Newsletter
- Quoted – “Bureau makes good on abuse case promise”, Julius Melnitzer, The Financial Post, May 13, 2010
- “US DOJ – Adobe System “No Cold Call Solicitation Agreements”, 2011 BLG Labour & Employment Newsletter
- Panelist on the “Hot Topics in Pricing and Distribution” panel at the 2007 CBA Section of Competition Law Annual Competition Law Conference
- “The Leegin Decision – A New Beacon for Change in Canada?”, The Price Point – Price Discrimination Committee Newsletter, Winter 2008 American Bar Association Section of Antitrust Law Volume 7, Issue 2
- Panelist at the “E-Discovery Conference”, Infonex 2003
- Panelist at the “Negotiating & Drafting International Business Agreements Conference”, Federated Press 2006
- “The Competition Tribunal: Have the Amendments Regarding Discovery and Expert Testimony Improved This, Oft-cited, “Noble But Failed Experiment?”, Corporate Litigation Journal, (2008) vol. 6, number 4, page 420
- Canada Rejects Petronas-Progress Deal: What is a “Net Benefit” to Canada?, Securities Practice Notes, Fall 2012
- Member of the Canadian Bar Association (Competition Law section), American Bar Association (Antitrust Law section), and the Association des juristes d’expression françaises de l’Ontario.
Bar admissions & education
- Ontario Bar, 1997
Miller Thomson receives top honours in 2017 Chambers Canada guide
Thirteen Miller Thomson lawyers and four practice groups are named in the 2017 edition of Chambers Canada. The guide ranks lawyers and law firms in over 40 specialist practice areas across Canada, based on client feedback, peer interviews and an assessment of...
Miller Thomson lawyers recognized in The Best Lawyers in Canada 2017
We are pleased to announce 126 Miller Thomson lawyers from across the country and in numerous areas of law have been recognized for their expertise in the 2017 edition of The Best Lawyers in Canada. This result is up from...
Miller Thomson receives top honours in Chambers Canada
Twelve Miller Thomson lawyers and four practice groups were ranked in the recently published first edition of the Chambers Canada Guide. The Guide ranks leading lawyers and law firms practicing in all provinces and territories across Canada, in over 40...
Chambers Global 2015 honours for Miller Thomson
Five Miller Thomson lawyers and two practice groups have been recognized in the 2015 edition of Chambers Global, a ranking of the world’s leading lawyers and law firms. And for the first time, the firm’s offices in Saskatchewan are listed as an...
Tenth edition of Sale of a Business published
The 10th edition of Sale of a Business by Jennifer Babe, a partner in the Banking and Financial Services Group in Miller Thomson’s Toronto office, is now in print. One of Canada’s leading commercial law practitioners, Babe has authored this...
Chambers Global 2014 honours for Miller Thomson
Eight Miller Thomson lawyers and two practice groups have been recognized in the 2014 edition of Chambers Global, a ranking of the world’s leading lawyers and law firms. Chambers & Partners researches legal markets each year, identifying the leading firms...
Miller Thomson recognized in Chambers Global 2013
Ten Miller Thomson lawyers and three practice groups (Labour and Employment, Environmental and Insolvency and Restructuring) were recommended in this year’s Chambers Global ranking of the world’s leading lawyers. Each year, Chambers Global ranks approximately 60 Canadian law firms and...
Catherine Bate and Eric Dufour speak on advertising and marketing law
The webcast for OBA Professional Development is on Advertising and Marketing Law: Social, Digital, Online Compliance. Catherine Bate is the Program Chair. Eric J. Dufour speaks on “Unraveling Your Dispute Procedure Options”.
Eric Dufour and Kelly Harris speak at competition law conference
The CBA Competition Law Fall Conference is the largest competition law conference in Canada, bringing together hundreds of participants from all segments of the Canadian and global competition law community, including enforcement officials, in-house counsel, economists, and others in order to...
Eric Dufour and Kelly Harris present at Advertising and Marketing Law conference
The 22nd Annual Advertising and Marketing Law Conference is presented by the Canadian Institute. Eric Dufour speaks on “Recent Pricing Cases and Performance Claims, Enforcement and Trends”. Kelly Harris speaks on “Marketing Online Using Talent, Endorsements and Sponsorship”.
Eric Dufour speaks on “Antitrust Issues in International Business Transactions” at Federated Press’ “Negotiating and Drafting International Business Agreements Course”.
Competition Law Update: Navigating through Competitor Collaboration Minefields
The 2009 amendments to the Competition Act were the most extensive changes to the Act since its introduction in 1986. Likely the most important change to the Act was the introduction of a per se criminal conspiracy offence. As...
Canada Rejects Petronas-Progress Deal: What is a “Net Benefit” to Canada?
Another high profile decision by the Federal Industry Minister has raised important questions on what criteria Industry Canada will use to evaluate foreign take-overs. On October 19, 2012, Industry Minister Christian Paradis advised Malaysian state-owned oil company PETRONAS that it...
Keywords International completes acquisition of Volta Creation
On July 29, 2016, Keywords International Corporation Inc. acquired the entire equity share capital of Volta Creation Inc. from parent company Frima Studio for $5.25 million. Volta is based in Québec City and provides outsourced art creation services to the...
Alltech acquires Masterfeeds, creating one of Canada’s largest animal nutrition offerings
On January 8, 2016, Alltech acquired 100% of the outstanding shares of Masterfeeds Inc. from Ag Processing Inc., a farmer-owned cooperative based in Omaha, Nebraska, in order to have complete ownership of Masterfeeds LP. The acquisition of Masterfeeds, a leading...
Harley-Davidson acquires assets of Fred Deeley Imports
On August 4, 2015, Harley-Davidson Motor Company, Inc., and Harley-Davidson Canada, LP, both subsidiaries of Harley-Davidson, Inc., completed the acquisition of the assets of Fred Deeley Imports Ltd., paving the way for Harley-Davidson to begin direct distribution of its motorcycles...