Barry Zalmanowitz is Managing Partner of Fraser Milner Casgrain LLP’s Edmonton office and co chair of the firm’s National Competition Law Group. He advises and represents clients in all aspects of the Competition Act, including mergers and notifiable transactions, conspiracy and other criminal provisions, private damage actions, reviewable practices and misleading advertising. He also represents clients in compliance with the Investment Canada Act and establishes competition and antitrust compliance programs and policies.
Barry has been competition law counsel in many significant transactions providing pre transaction advice, compliance with pre-notification filings and obtaining clearances from the Commissioner of Competition.
He is experienced in representing clients in contested merger proceedings, and defence of clients in criminal cartel prosecutions and deceptive marketing proceedings.
Barry’s clients include significant oil and gas, restructured electricity, oil and gas service, pipeline, and retail.
Areas of Expertise
- Competition
- Antitrust
- Corporate
- Commercial
- Litigation & Dispute Resolution
- Renewable Energy
Education
- University of Alberta (LL.B.), 1979
- University of Alberta (M.A. - Economics), 1975
- University of Alberta (B.A.), 1973
Barry has been competition law counsel in many transactions providing pre transaction advice, compliance with pre-notification filings and obtaining clearances from the Commissioner of Competition. Experience includes representing clients in a contested merger proceeding, and defence of clients in criminal conspiracy prosecutions and deceptive marketing proceedings.
Representative Work
- Represented Stantec Inc. in acquisition of Jacques Whitford Group Ltd. and Jacques Whitford Global Group Limited (Engineering and Environmental Professional Services)
- Canadian counsel to Hunting PLC on the $1.26 billion sale of its subsidiary Gibson Energy Holdings Inc. and its subsidiaries to Riverstone/Carlyle Global Energy and Power Fund
- Counsel to Rexall Sports in the acquisition of the Edmonton Oilers National Hockey League franchise
- Société Générale de financement du Québec on $100M acquisition of equity interest in Alliance Films Inc.
- Compton Petroleum on 270M sale of conventional oil assets to Birchcliff Energy
- CHIP REIT $1.2B acquisition by British Columbia Investment Management Corporation
- Pogo Producing Co. of Houston, Texas on their $2 billion (US) sale of its Calgary-based oil and gas company, Northrock Resources Ltd., to Abu Dhabi National Energy Co. (TAQA)
- Successful representation of clients in criminal cartel prosecutions
- Assisted in establishing competition and antitrust compliance policies and programs for several clients
- ENMAX Acquisition of Kettles Hill Wind Energy Inc.
- BP Corporation North American Inc. and Husky Energy Inc. Formation of Oil Sands and Refinery Partnerships
- Rexall
- EPCOR Utilities sale of Battle River Power Purchase Agreement to ENMAX Corporation
Publications
- The Handbook of Competition Enforcement Agencies 2009
- Amendments to Canada’s Competition Laws
- Proposed Amendments to Canada’s Competition Laws
- Immunity Programme under the Canadian Competition Act Q&A
- A Global Competition Review
- Canadian Competition Law 2006: The Year in Review
- Government Proposes Significant Changes to Canada's Competition Act
- "Regulated Conduct Bulletin and Immunity Program Consultation"
- "Demystifying the Competition Act and its Implications for the Gas Processing Business": paper delivered at The Conference Board of Canada seminar Rethinking the Business of Custom Gas Processing May 31, 2005
- "Application of Competition Law to the Health Industry" presented in Calgary April 20, 2005
- "The Impact of Regulated Conduct on the Interpretation and Enforcement of the Competition Act" presented at the Calgary Economic Society Seminar October 24, 2003
- "Comment on Competition Bureau Information Bulletin on the Regulated Conduct Defence", Canadian Competition Record, Vol. 21, No. 3T
Teaching Roles
- Guest Lecturer, University of Calgary, Transportation Law (Application of Competition Law to Transportation Industry), 2004-2008
- Taught Review Practices portion of the Competition Law Course to the Canadian Competition Bureau, February 2008
- Invited by the Competition Bureau to attend the International Competition Network's Cartel Workshop in El Salvador as the Bureau's non government advisor, 2007
- Sessional lecturer, Faculty of Law, University of Alberta, Competition Law, 1993 - 2003
Prior Speaking Engagements
- Participated on numerous panels and presentations on competition law and testified on behalf of the Canadian Bar Association before a Parliamentary committee on amendments to the Competition Act.
- Chair, Panel on Cartel Provision, CBA Spring Meeting in Toronto, April 29, 2008
- Chair, Panel on Regulated Conduct Defence, 2006 Annual Fall Conference on Competition Law, Canadian Bar Association, September 28, 2006
- Competition Law Compliance Seminars
- Lecturer, Faculty of Law, University of Calgary, Transportation Law, 2004 - 2006
- Law Society of Alberta’s Media and the Law Seminar, 2001 - 2006
- Chaired the Canadian Bar Association Competition Law Section's Annual Conference in Ottawa, 2001
Recognition
Recommended in competition law by Chambers Global, The World’s Leading Lawyers, Lexpert, Practical Law Company, Lexpert, and National Post Best Lawyers in Canada
Professional Affiliations
- Chair of Executive Committee of the Canadian Bar Association National Competition Law Section, and member of Executive Committee
- Member, American Bar Association Section of Antitrust Law
- Member, International Bar Association, Antitrust Committee
- Member, Law Society of Alberta
- Member, American Bar Association Section of Antitrust Law and Fuel and Energy Committee
- Member, International Bar Association, Antitrust and Trade Law Section
Pro Bono
- Law Society of Alberta’s Media and the Law Seminar, 2001 - 2006
Other Information
- Appointed Queen's Counsel, 2002
- Partner of Fraser Milner Casgrain since 1985