 Bennett Jones Education York University, BES (Hons.), 2005, summa cum laude University of Toronto, JD, 2008 Bar Admissions Ontario, 2009 British Columbia, 2023 Recognized for "great judgment and good strategic analysis of issues" (Chambers Canada), Emrys Davis is a litigator focusing on complex competition/antitrust issues and class actions. He helps clients comply with Canada's competition laws and fights for them when they are alleged to have broken them. Overview Named Benchmark's Competition Litigator of the Year in 2023, Emrys regularly represents clients litigating mergers, responding to criminal and civil investigations, and defending alleged anti-competitive conduct. He has extensive experience working both for and against Canada's Competition Bureau, including as trial counsel to the Commissioner of Competition in his successful abuse of dominance application against the Toronto Real Estate Board and as trial counsel to Videotron as it defeated the Commissioner's 2022 application to block Videotron's $2.85 billion acquisition of Freedom Mobile and Rogers' parallel $26 billion acquisition of Shaw. In the class action context, Emrys' experience and practical approach to litigation has helped clients achieve favourable results. He has acted for clients in complex, national class actions related to numerous auto parts, audiobooks, lithium ion rechargeable batteries, compressors, cathode ray tubes, optical disk drives, capacitors, resistors, foreign exchange markets, and airfares. Over the last decade, he has litigated some of the most influential price-fixing class actions in Canada, including Godfrey v Toshiba et al, a 2019 Supreme Court of Canada decision that defines the requirements to certify a price-fixing class action under Canada’s Competition Act. Domestic and international publications recognize Emrys as a leader in Canada’s competition bar. He is a member of the International Bar Association’s editorial board for Competition Law International and writes frequently on competition/antitrust issues and class actions. ,,'Solid litigator' who garners praise from peers as an 'excellent' and 'extremely knowledgeable' practitioner.,, Select Experience • SECURE Waste Infrastructure Corp. (TSX: SES), a leading waste management and energy infrastructure company, in its $157-million acquisition of a metals recycling business • An insurance software company in its defence of a national class action alleging that it engaged in anticompetitive conduct in the insurance industry • Oakwyn Realty in Kevin McFall v Canadian Real Estate Association et. al., a national real estate industry conspiracy class action related to fixing, maintaining, increasing or controlling the price for the supply of buyer brokerage services • Bridgestone Americas Inc. in its defence against class actions alleging anti-competitive conduct in the sale of aftermarket tires. • SECURE Energy Services Inc. in its $1.075-billion asset sale of waste management facilities pursuant to a divesture order by the Competition Tribunal. • Commissioner of Competition triumphs over the Toronto Real Estate Board • ZF Friedrichshafen AG, in class actions commenced in Alberta and Ontario alleging the manufacture of defective gear shifts in selected automobiles. • Volkswagen AG and affiliates, in defence of class actions alleging a conspiracy in the price and design of car components. • Panasonic, in the defense of class actions related to compressors, cathode ray tubes, auto parts, lithium ion rechargeable batteries, optical disk drives, resistors and capacitors. • The Commissioner of Competition, in his successful abuse of dominance litigation against the Toronto Real Estate Board: The Commissioner of Competition v The Toronto Real Estate Board, 2016 CACT 7. • Parkland Fuel Corporation, in its defense of its acquisition of Pioneer Energy including the successful defence of a requested hold separate order in eight of fourteen local communities in issue (The Commissioner of Competition v. Parkland Industries Ltd, 2015 CACT 4) and resolution of the litigation through the first ever mediation before the Competition Tribunal in March 2016. • Competition advice to Enercare Inc. in its 2016 acquisition of Service Experts for $330 million and its 2014 acquisition of Direct Energy's Ontario Home Services business for $550 million. • TRW Automotive, in the defense and resolution of class actions related to occupant safety systems. • Holtzbrinck/Macmillan Publishers in the Commissioner of Competition's inquiry into the Canadian ebooks market and Kobo's challenge to the parties' consent agreement. • JPMorgan, in defense of class actions related to the foreign exchange market. • American Airlines, in defense of class actions related to airfares. • Competition advice to Norbord Inc., in its merger with Ainsworth Lumber Co., Ltd. for $763 million. • Bridgestone, in the defense of class actions related to anti-vibration rubber parts. • Webasto, in the defense of class actions related to parking heaters. • NTN, in the defense of class actions related to automotive and industrial bearings. • Nippon Seiki, in the defense of class actions related to instrument panel clusters and fuel senders. • Hitachi Metals, in the defense of class actions related to automotive hoses. • Delphi Automotive, in the defense and resolution of class actions related to automotive wire harnesses. • NEC, in the defense and resolution of class actions related to DRAM. • MTD, in the defense and resolution of class actions related to lawn mowers. • The Trustee for the Senior Noteholders of Crystallex International Corp., during the Company's CCAA restructuring. |