Davies | Richard D. Elliott

Representative Work

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Chair, Economics Committee, Canadian Bar Association, National Competition Law Section

Canadian Bar Association
American Bar Association
New York State Bar Association
Association for Investment Management and Research
CFA Institute
Toronto CFA Society

Article - Joint Ventures in Canada

Ontario Bar, 1992
New York Bar, 2003

Osgoode Hall, York University, LL.B.
Oxford University, B.C.L. (LL.M.)
University of Toronto, B.Sc., Physics

Richard Elliott is a partner in the Competition & Foreign Investment Review practice. He specializes in advising Canadian and foreign-based clients on all aspects of Canadian competition law, including mergers, abuse of dominance and cartels, as well as on the application of the Investment Canada Act.

From 2001 to 2004, Richard worked in Washington, D.C., at a leading U.S. and European law firm, where he assisted in advising on a variety of U.S. and European competition law matters. From 1991 to 2001, Richard served as an enforcement official at Canada's Competition Bureau, where he was responsible for conducting or overseeing more than a hundred merger reviews, as well as various other enforcement and policy matters.

Representative Work

Represented Xstrata Plc in obtaining competition and Investment Canada approvals for Xstrata’s acquisition of Falconbridge Limited, the largest successful all-cash offer in Canadian history.
Represented Cineplex Galaxy LP in securing competition approval for its acquisition of Famous Players to form the largest movie theatre exhibitor in Canada.
Played a central role at the Competition Bureau in negotiating the terms of settlement for Air Canada’s acquisition of Canadian Airlines.
Appeared before the Competition Tribunal in merger and non-merger cases, including the Bureau’s predatory pricing suit against Air Canada, the Seaspan merger in the B.C. marine transportation industry and the Gemini II litigation before the Tribunal and the Federal Court of Appeal.

Recognition

Recognized in Chambers Global’s The World’s Leading Lawyers for Business.
Mentioned in Chambers’ Leaders in their Field in the areas of competition/antitrust and competition/antitrust: litigators.
Recommended in the PLC Which Lawyer? Yearbook.

Articles and Publications

Richard is the author of "The Evolving Role of Competition Act Merger Review in the Transport and Broadcasting Sectors in Canada", part of the proceedings of the Canadian Bar Association’s 2008 Annual Fall Conference on Competition Law. Richard co-authored (with M. Katz and C. Margison) "Canada: Joint Ventures” in 2009 Antitrust Review of the Americas in a Global Competition Review Special Report. This report is available at:
www.globalcompetitionreview.com/ara/26_jointVen.cfm.

Richard is a co-author (with M. Katz and E. Kearney) of "Cartel Enforcement in Canada: What Asian Companies Should Know", The Asia-Pacific Antitrust Review 2008, a Global Competition Review Special Report. This report is available at:
www.globalcompetitionreview.com/apar2008/canadacartels.cfm.

Teaching Engagements

Richard has lectured in competition law at Queens University in Kingston, Ontario. He was a visiting professor in international trade law at the Université de Moncton, New Brunswick.

Speaking Engagements

Richard spoke on a panel regarding "Merger Review in Regulated Industries" at the Canadian Bar Association’s 2008 Annual Fall Competition Law Conference. He spoke on the topic of "The Regulatory Front: Antitrust and Foreign Investment Tactics and Pitfalls" at the 2nd Annual US/Canadian Cross-Border M&A Forum in New York in 2007. In addition, Richard chaired the panel on "Competition Reviews in Hostile Takeovers" at the 5th Annual Merger Conference of the British Institute of International and Comparative Law in London in 2006.

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