Denis Gascon
Partner
Denis Gascon’s areas of expertise are competition law and international trade law. Mr. Gascon is head of the antitrust, competition and regulatory team in Canada and past chair of our international trade law team. He advises domestic and international clients on all aspects of competition and international trade laws, including Canadian and multijurisdictional merger transactions, criminal cartel and conspiracy cases, distribution strategies and pricing practices, compliance programs and trade remedy cases.
Mr. Gascon regularly represents Canadian and foreign clients before the Canadian Competition Bureau and the Competition Tribunal in merger transactions that are reviewed by the Commissioner and in civil matters. He also advises clients regarding their dealings with competitors and their distribution and pricing practices and assists them in criminal and civil investigations undertaken under the Competition Act. He also assists clients in foreign investment reviews under the Investment Canada Act. He has represented and advised Canadian and foreign-based corporations in several different industries, including agricultural products, transportation, steel, pulp and paper, telecommunications, media and entertainment, book publishing, financial services, real estate, electronic products and services, food products and services, grocery and pharmaceutical products, home hardware, building products, newspaper distribution and consumer products.
Mr. Gascon has also appeared on numerous occasions before the Canadian International Trade Tribunal and the Federal Court of Canada in dumping, trade remedy, safeguards and tariff relief matters. He regularly advises Canadian and international clients on a broad range of international trade matters, and in particular in anti-dumping actions and other trade remedy proceedings. He has been the lead counsel of ArcelorMittal and its predecessor companies for the last 20 years. More specifically, he successfully acted as lead counsel for Arcelor, then the largest steel producer in the world, and other European steel producers in the Canadian International Trade Tribunal’s safeguard inquiry into certain steel products, the most complex trade inquiry ever conducted in Canada.
Law school
LL.B., Université de Montréal, 1988
Education
B.Sc., McGill University, 1981
Selected client work
Mr. Gascon has recently acted for the following clients:
- Japanese corporations, in the ongoing investigation of alleged conspiracy and bid-rigging in the supply and sale of motor vehicle components
- AbitibiBowater/Resolute in its hostile take-over bid of Fibrek Inc. in the pulp and paper industry
- Rock-Tenn Company, in its US$3.5 billion acquisition of Smurfit-Stone Container Corporation in the consumer packaging, containerboard and corrugated packaging industries
- ArcelorMittal, in its C$596 million acquisition of Baffinland Iron Ore Corporation by way of a take-over bid
- Valeant Pharmaceuticals International, in its merger with Biovail Corporation in the specialty pharmaceutical products business
- Groupe Aeroplan Inc., in its acquisition of Carlson Marketing Worldwide in the loyalty management business
- Groupe Westco Inc., in its successful defence against a refusal-to-deal application before the Competition Tribunal, the most important case considered by the Tribunal in 2008-2009, and in several related proceedings and appeals before the Federal Court of Appeal
- RONA inc., in various acquisitions including Réno-Dépôt, Dick’s Lumber, Totem Building Supplies Ltd. and Revelstoke
- Arcelor S.A., in its takeover of Dofasco Inc. and its merger with Mittal Steel N.V. to create the world’s largest steel producer
- Quebecor Media inc., in its acquisitions of Osprey Media Income Fund and of Sogides, and in various other projects
Speaking engagements
- “Concurrence au Canada en 2013: tendances récentes en matière de mise en vigueur,” Continuing Education Seminar, Norton Rose Canada LLP, Montréal, January 30, 2013.
- “Pushing the Limits: Are Penalties for Competition Violations too High?” (co‑panellist), Competition Law Section Annual Fall Conference, Canadian Bar Association, Gatineau, QC, September 21, 2012.
- “Get Comfortable with Being Uncomfortable: Compliance in a Time of Active Enforcement” (panel moderator), Canadian Bar Association Competition Law Spring Forum, Toronto, May 2, 2012.
- “Cartel Investigations and Enforcement Before Agencies and Criminal Courts: Criminal Cartel Immunity—The Fault Lines,” International Bar Association Annual Conference, Antitrust Committee and Business Crimes Committee, Dubai, November 1, 2011.
- “The Interview 2011” (co-panellist), Competition Law Section Annual Fall Conference, Canadian Bar Association, Gatineau, QC, October 6, 2011.
- “Le droit de la concurrence : votre programme de conformité” (co-presenter: Caroline Lemoine), Regulatory and Ethical Compliance Section Conference, Canadian Bar Association, Montréal, February 23, 2011.
- “Marchés publics aux États-Unis et ‘Buy American’: comment s'y retrouver,” Les Affaires webinar, Montréal, November 9, 2010.
- “Navigating the New Hybrid Approach to Horizontal Agreements - Between Scylla and Charybdis?” (panel moderator), Canadian Bar Association Competition Law Spring Forum, Toronto, May 17, 2010.
- “The New Competition Act: Civil Actions in the New Environment,” Federated Press Conference, Montréal, October 2, 2009.
- “Merger Review: the New 'New Paradigm,'” Competition Law Section Annual Fall Conference, Canadian Bar Association, Ottawa, September 24, 2009.
Rankings and recognitions
- Chambers Global: The World’s Leading Lawyers for Business, 2011-2013: Competition/Antitrust; International Trade/WTO
- Canadian Legal Lexpert Directory, since 2000 — Competition Law; International Trade Regulation
- Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada, 2013 — Competition Law
- Lexpert® Guide to the Leading US/Canada Cross-border Litigation Lawyers in Canada (US Litigation Guide), 2011, 2012 — Competition Law; International Trade Regulation
- Best Lawyers in Canada, since 2006: Competition/Antitrust Law; International Trade and Finance Law
- Global Competition Review’s The International Who’s Who of Competition Lawyers & Economists, since 2000
- Global Competition Review 100’s Guide to the World’s Leading Competition Law and Economic Practices, since 2009
- Law Business Research’s Who’s Who Legal, The International Who’s Who of Business Lawyers, since 2010 — Competition
- Practical Law Company’s Competition Law Handbook, since 2001
- Legal Media Group’s Guide to the World’s Leading Competition and Antitrust Lawyers, since 2006
- Legal Media Group’s The Best of the Best, 2008, 2012 — International Trade
Memberships and activities
- Canadian Bar Association
- Member of the Executive of the Competition Law Section (2009- )
- Former Chair, Enforcement Practices and Procedures Committee, Competition Law Section
- Former member, Executive Committee, International Law Section
- International Bar Association
- American Bar Association
- Antitrust Law Section
- International Law and Practice Section
- Former Lecturer, Quebec Bar Admission Course
- Former Lecturer, Economics, Université Laval and Université du Québec à Montréal