Antitrust & Competition

Featured Publication:

Canada’s New Wage-Fixing and No-Poach Offence

Michael Osborne contributed an article to the Concurrences No-Poach Agreements – Closing the Enforcement Gap publication, discussing wage-fixing and no-poach agreements, which are now prohibited and considered a criminal offense in Canada.

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Cozen O’Connor’s acclaimed cross-border antitrust and competition practice has been representing clients in competition-related matters for more than 30 years. Our attorneys have prevailed in high-stakes antitrust and competition cases, and have been recognized by industry leaders for their depth and breadth of experience across the United States and Canada. We provide the full range of antitrust and competition legal services, including investigations and litigation initiated by the U.S. Department of Justice (DOJ), Federal Trade Commission (FTC), Competition Bureau Canada, state attorneys general, and foreign competition authorities. We assist clients in obtaining merger clearance on both sides of the border, including HSR notifications in the United States, and Competition Act and Investment Canada Act notifications and reviews in Canada, the latter of which is a burgeoning area of our Canadian practice as national security reviews proliferate.

We represent clients in private antitrust and competition litigation, including defending clients in class actions alleging price-fixing. We advise clients on proposed business practices and provide tailored compliance programs. Our clients include airline and aviation companies, hospitals and healthcare systems, telecommunications and entertainment companies, pharmaceutical and medical device companies, technology leaders, manufacturers of consumer goods and services, trade associations and industry groups, and some of the world’s largest transportation companies.  Not only has our team achieved notable successes in the pursuit and defense of high-profile antitrust and competition actions, but – just as importantly – our attorneys consistently provide the proactive advice and counsel that prevents such actions from arising in the first place.

 Who We Are

Based in the firm’s Washington, D.C., New York City, Philadelphia, Los Angeles, Denver, Toronto, and Vancouver offices, our attorneys are longstanding leaders in the antitrust and competition bars, and are often asked to serve in key positions on legal industry committees and panels. Our cross-border antitrust and competition team includes seasoned trial attorneys and former government enforcement attorneys, including those who were previously with the antitrust division of the DOJ, U.S. Attorney’s offices, and antitrust division of state attorneys general offices. Our attorneys understand how these crucial governmental agencies operate. That’s not just because our attorneys worked for these agencies, but also because we still frequently work with these agencies, which gives us, and our clients, valuable insights into the best ways to move forward on any antitrust/competition issue, whether investigating, litigating or seeking deal clearance. And through Cozen O’Connor’s renowned State Attorneys General practice, we maintain strong professional connections to chief antitrust prosecutors in every state.

What We Do

Cozen O’Connor provides a one-stop shop for the full spectrum of clients’ antitrust and competition needs, including civil litigation, merger notification and review, government investigations, criminal litigation and cartels, compliance and counseling, consumer protection, and maritime antitrust.

Civil Litigation. Cozen O’Connor frequently represents clients in antitrust and competition proceedings, including private and public damages litigation, competitor actions, class actions, and administrative actions, on both the plaintiff and defense sides. Moreover, because it is common for targeted companies to confront related civil and criminal litigation simultaneously, our seasoned team of attorneys defends complex multi-plaintiff disputes that involve a wide variety of alleged anti-competitive behaviors in multiple jurisdictions. We have a strong track record of success in these complex matters.

Premerger Notification and Review. Our team is also adept at guiding clients through the regulatory process associated with mergers, acquisitions, joint ventures, licensing agreements, and other collaborations of competitors, from compliance with the notification requirements under the Hart-Scott-Rodino Act in the United States, and the Competition Act and Investment Canada Act in Canada, to defending investigations by the DOJ, FTC, state attorneys general, and Canadian Competition Bureau. We use our experience to help clients determine how to structure a deal to efficiently pass antitrust review and avoid overly onerous remedies. Cozen O’Connor has extensive experience with DOJ, the FTC, and the Canadian Competition Bureau in merger review (including Second Requests), and our State Attorneys General practice works with state enforcers exercising their concurrent authority to review and potentially challenge proposed mergers or acquisitions.

Government Investigations. Our attorneys regularly defend clients in civil conduct and criminal antitrust and competition investigations initiated by the DOJ, FTC, state attorneys general, and the Competition Bureau concerning price fixing, collusion, bid rigging, abuse of dominant position, monopolization, and other alleged anticompetitive conduct. We provide a seamless cross-border service, and are particularly adept at managing investigations that involve multiple jurisdictions, agencies, levels of government, and/or related civil and criminal inquiries. When contacted early in the process, Cozen O’Connor is often able to quickly identify solutions, conduct efficient discovery, and conclude investigations without enforcement action.

Criminal Litigation and Cartels. Cozen O’Connor represents companies, employees, and witnesses in the United States, Canada, and beyond in criminal proceedings. Our attorneys have deep experience with the DOJ’s amended amnesty program and the Competition Bureau’s Immunity and Leniency programs, and have earned a reputation within the enforcement community for trustworthiness and candor, all of which allows us to move quickly and decisively toward dismissal rather than sanction.

Compliance and Counseling. Our attorneys help clients comply with all federal and state antitrust/competition, consumer protection, and privacy laws and to do so in ways that support the client’s business objectives. We advise clients on matters such as information sharing, joint venture and teaming arrangements, exclusivity and MFN provisions, distribution systems, predatory pricing, and Robinson-Patman Act compliance. We also conduct antitrust and competition compliance audits and help our clients establish high-quality compliance regimes. We work closely with you to balance legal objectives and risks with your business needs.

Consumer Protection. In addition, our team of attorneys has vast experience helping public and private companies respond to consumer protection government investigations, consumer claims, and class actions.

Aviation and Maritime Antitrust & Competition. Our renowned aviation and maritime antitrust and competition attorneys advise many of the world’s largest transportation companies on the unique intersection of antitrust laws and transportation regulations.

In the multi-faceted and high-stakes area of antitrust and competition law, Cozen O’Connor has the experience, tenacity, and intellectual rigor necessary to achieve the best possible result for our clients.

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Experience

Publications

DOJ Announces New Considerations in Evaluating Corporate Compliance Programs [Alert]

November 22, 2024

Thomas Ingalls and Nicole Sprinzen discuss the DOJ's new Antitrust Compliance Guidance, which accounts for new and emerging technology and enforcement trends.

Canada’s New Wage-Fixing and No-Poach Offence

December 01, 2023

Michael Osborne contributed an article to the Concurrences No-Poach Agreements – Closing the Enforcement Gap publication, discussing wage-fixing and no-poach agreements, which are now prohibited and considered a criminal offense in Canada.

Bill C-56: The Good, the Bad, and the Useless of the Federal Affordability Legislation

October 06, 2023

Michael Osborne contributed an article to The Globe and Mail discussing a new bill, C-56, which contains amendments to the Competition Act to make groceries affordable again.

The Long Arm of Canadian Price-Fixing Law? Canadian Jurisdiction Over Foreign Price-Fixing Conspiracies

September 29, 2023

Michael Osborne authored the chapter “The Long Arm of Canadian Price-Fixing Law? Canadian Jurisdiction Over Foreign Price-Fixing Conspiracies” in the Transnational and Cross-Border Criminal Law Canadian Perspectives, published by Irwin Law.

Back to the Future: Modernizing Canada’s Monopolization Law

September 28, 2023

Michael Osborne contributed the article “Back to the Future: Modernizing Canada’s Monopolization Law” to the Canadian Competition Law Review.

Regulation of Foreign Investment in Canada

July 06, 2023

Michael Osborne contributed a Practice Note to Thomson Reuters Practical Law, discussing the legal regime governing foreign investment companies and industries in Canada.

Canada Cartels 2023 [Chambers Global Practice Guide]

June 22, 2023

Michael Osborne and Samuel Bogetti contributed the Canada chapter to the Chambers Cartels 2023 Guide.

No Action for Theft of Personal Information Without Loss [Alert]

April 12, 2023

The Alberta Court of Appeal held that theft of personal information does not entitle the victim to damages; proof of loss or harm is required.

The Turning of the Tide? Price-Fixing Class Actions in the Canadian Courts

February 27, 2023

Michael Osborne contributed an article to Lloyd’s List Intelligence Competition Law Insight, discussing the potential change for a more balanced, less plaintiff-friendly approach to the certification process for price-fixing class actions.

[+] [View All Publications]

Events & Seminars

Upcoming Events

New Year, New HSR: What to Know for Making Deals

February 21, 2025 - Webinar

Steve Dickinson, Jonathan Grossman, and Matt Howell will present a webinar hosted by the Iowa State Bar Association titled "New Year, New HSR: What to Know for Making Deals."

Past Events

Health Care & Life Sciences 2025

December 05, 2024 - Philadelphia, PA

Drip Pricing Under the Competition Act

October 10, 2024 - Toronto, Canada
[+] [View All Events]

In The News

Five Cozen O’Connor Attorneys, One Practice Area Recognized in 2025 Chambers Global Rankings

February 18, 2025

Geoffrey Ferrer, Shane Hardy, Michael Osborne, Melissa Siebert, and Steven Weisz were ranked in their practice areas based on their legal knowledge and experience, ability, effectiveness and client service.

Five Cozen O’Connor Lawyers Selected to Lexology Index: Canada 2024

January 22, 2025

Noelle Engle-Hardy, Shane Hardy, Michael Osborne, Lucy Schilling, and Steven Weisz have been included on the 2024 Lexology Index: Canada.

Cozen O’Connor Recognized in Best Law Firms – Canada in 8 Practice Areas for 2025

November 08, 2024

These rankings are based on research and data collected through the "Law Firm Survey," as well as the feedback of almost 2,200 clients, more than 4,600 lawyers, 206 interviews with practice group and firm leaders.

17 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch in Canada

September 04, 2024

Best Lawyers Canada has named 17 Cozen O’Connor lawyers from the firm’s Toronto and Vancouver offices in the 2025 edition of The Best Lawyers and Best Lawyers: Ones to Watch in Canada.

Best Lawyers Honors More Than 200 Cozen O'Connor Attorneys in its Best Lawyers in America 2025 Edition

August 15, 2024

Best Lawyers selected 242 Cozen O’Connor lawyers from 24 of the firm’s U.S. offices for inclusion in the 2025 edition of The Best Lawyers in America and Best Lawyers: Ones to Watch in America.

Michael Osborne Recognized in Who’s Who Legal: Competition 2024

August 01, 2024

Michael Osborne, chair of the firm’s Canadian Competition Practice, has been recognized in Who’s Who Legal: Competition 2024.

Competition Bureau Probes Alleged Anticompetitive Conduct by Loblaws, Sobeys Owners

May 24, 2024

Michael Osborne was quoted in a CTV News article discussing the Canada Competition Bureau’s investigations into the parent companies of grocery store chains Loblaws and Sobeys, alleging that their property controls limit retail grocery competition.

Eleven Cozen O’Connor Attorneys Recognized as Washington, D.C., Super Lawyers and Rising Stars

April 22, 2024

Seven attorneys were recognized as Super Lawyers and four were named Rising Stars, a list that recognizes attorneys under the age of 40.

Six Cozen O'Connor Attorneys Named to the 2024 Canadian Legal Lexpert Directory

March 29, 2024

Andrew Elbaz, Rory Godinho, Shane Hardy, Michael Osborne, Steven Weisz, and Kevin Zimka were named to the Canadian Legal Lexpert Directory for 2024.

[+] [View All News]
Canada: News & Events

Contacts

Jonathan M. Grossman

Co-Chair, Antitrust

jgrossman@cozen.com

(202) 912-4866

Peter M. Ryan

Co-Chair, Antitrust

pryan@cozen.com

(215) 665-2130

Michael Osborne

Chair, Canadian Competition Practice

mosborne@cozen.com

(647) 417-5336

People

Awards

Cozen O’Connor Recognized in Best Law Firms – Canada in 8 Practice Areas for 2025

November 08, 2024

These rankings are based on research and data collected through the "Law Firm Survey," as well as the feedback of almost 2,200 clients, more than 4,600 lawyers, 206 interviews with practice group and firm leaders.

Michael Osborne Selected to Who’s Who Legal: Competition 2023

December 01, 2023

Michael Osborne, chair of the firm’s Canadian Competition Practice, has been selected to Who’s Who Legal: Competition 2023.

Ten Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch in Canada

August 24, 2023

Ten Cozen O’Connor lawyers from the firm’s Toronto and Vancouver offices were selected for inclusion in the 2024 edition of The Best Lawyers and Best Lawyers: Ones to Watch in Canada

Law360 Names Cozen O’Connor a Pennsylvania Powerhouse

August 23, 2023

Cozen O’Connor was previously named a Pennsylvania Powerhouse in 2022, 2018, and 2014.

Four Cozen O'Connor Attorneys Named to the 2023 Canadian Legal Lexpert Directory

March 14, 2023

Shane Hardy, Michael Osborne, Steven Weisz, and Kevin Zimka were named to the Canadian Legal Lexpert Directory for 2023.

Six Cozen O’Connor Attorneys Recognized in 2023 Chambers Global Rankings

February 22, 2023

Chambers Global has recognized six Cozen O’Connor attorneys: Susan Eisenberg (Miami – Labor & Employment), Geoffrey Ferrer (New York – Transportation & Trade), Shane Hardy (Toronto – Intellectual Property), Michael Osborne (Toronto – Antitrust & Competition), Joseph Tilson (Chicago – Labor & Employment), and Steven Weisz (Toronto – Bankruptcy & Restructuring) as worldwide leaders in their respective practices.

Cozen O’Connor Recognized as a “Best Law Firm” in 30 Practice Areas Nationwide, 115 Practice Areas Regionally

November 30, 2022

U.S. News & World Report and Best Lawyers recognized Cozen O’Connor as a “Best Law Firm” in 30 practice areas nationwide and 115 practice areas regionally.

Chambers Ranks 86 Cozen O’Connor Lawyers, 22 Practice Areas in Chambers USA 2022 Guide

June 02, 2022

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 86 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2022 edition.

82 Cozen O’Connor Lawyers, 19 Practices Earn Top Recognition in Chambers USA 2021 Guide

May 26, 2021

Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 82 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2021 edition; of those, 15 lawyers have been recognized nationally.

Cozen O’Connor Recognized as a “Best Law Firm” in 25 Practice Areas Nationwide, 115 Practice Areas Regionally

November 05, 2020

U.S. News & World Report and Best Lawyers recognized Cozen O’Connor as a “Best Law Firm” in 25 practice areas nationwide and 115 practice areas regionally.

Cozen O’Connor Recognized As a Best Law Firm in 24 Practice Areas Nationwide, 106 Practice Areas Regionally

November 05, 2019

The U.S. News – Best Lawyers “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations and peer review from leading attorneys in their field.

138 Cozen O’Connor Attorneys Named to the Best Lawyers in America

August 28, 2019

Best Lawyers selected 138 Cozen O’Connor lawyers from 21 of the firm’s national offices for inclusion in the 2020 edition of The Best Lawyers in America.

13 Cozen O'Connor Attorneys Recognized as Washington, D.C. Super Lawyers and Rising Stars

April 25, 2019

The 2019 Washington, D.C, edition of Super Lawyers Magazine, published by Thomson Reuters, has named 13 Cozen O’Connor attorneys to its list of Super Lawyers and Rising Stars.

125 Cozen O’Connor Attorneys Named to the Best Lawyers in America

August 22, 2018

One hundred twenty-five Cozen O’Connor lawyers from 20 of the firm’s national offices have been selected for inclusion in the 2018 edition of The Best Lawyers in America.

Related Practice Areas

Upcoming Event:

New Year, New HSR: What to Know for Making Deals

Webinar 02/21/2025

Steve Dickinson, Jonathan Grossman, and Matt Howell will present a webinar hosted by the Iowa State Bar Association titled "New Year, New HSR: What to Know for Making Deals."

Event Details

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