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Robert E. Kwinter (he, him, his) Senior Counsel | Toronto

About Rob

Rob has extensive experience in all areas of competition law and regularly advises clients with respect to conspiracy, bid-rigging, trade association activities, misleading advertising, mergers and other reviewable trade practices mergers, the criminal and non-criminal matters and the misleading advertising provisions of the Competition Act.

Rob regularly advises clients with respect to regulatory approval under the Competition Act and the Investment Canada Act with respect to major transactions. He has acted as litigation counsel in cases under various provisions of the Competition Act, including as lead counsel to Visa Canada in a 2012 proceeding before the Competition Tribunal. He has extensive experience in class actions, including DRAM, air cargo, hydrogen peroxide, EPDM, chocolate, LCD, ODD, and credit cards, and in a number of the auto parts price fixing class actions including bearings, door latches, exhaust systems, manual steering columns, value timing control devices and auto lights, among others. He has also developed a recognized expertise in the misleading advertising field and has frequently appeared successfully before the Competition Tribunal and various trial and appellate courts.

Select Experience

Some of the many complex merger transactions Rob has been involved with include:

  • Secure Energy Services Inc. on its C$2.3-billion enterprise value merger with Tervita Corporation before the Competition Bureau, Competition Tribunal and Federal Court of Appeal
  • Fitbit, Inc. on its proposed US$2.1-billion purchase by Google LLC
  • Suncor/Petro-Canada
  • Merck/Schering-Plough
  • Glaxo Wellcome/SmithKline Beecham
  • GE/Instrumentarium
  • Great West Life/Canada Life
  • West Fraser/Weldwood
  • Whirlpool/Maytag

Rob has also acted as counsel in some of the leading comparative advertising cases in Canada including:

  • Church & Dwight v. Sifto
  • UPS v. Purolator
Awards & Recognition

Rob is recognized as a leading practitioner by the following publications:

  • The Best Lawyers in Canada 2024 (Competition/Antitrust Law, Class Action Litigation, Advertising and Marketing Law)

  • Chambers Global: The World's Leading Lawyers for Business – 2020–2024 (Competition/Antitrust: Litigators, Competition/Antitrust)

  • Chambers Canada: Canada's Leading Lawyers for Business – 2021–2024 (Competition/Antitrust: Litigators, Competition/Antitrust, Dispute Resolution: Class Action (Defence))

  • The Canadian Legal Lexpert Directory 2023 (Competition Law, Class Action Litigation, Advertising & Marketing Law)

  • The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada – 2017–2023 (Competition Law)

  • Who's Who Legal: Global (2022: Competition; 2021: Competition and Foreign Investment Review)

  • Who's Who Legal: Canada – 2021–2022 (Competition)

  • The Legal 500 Canada – 2020–2022 (Competition and Antitrust)

  • The Best Lawyers in Canada – 2019–2022 (Competition/Antitrust, Class Action Litigation, Advertising and Marketing Law)

  • Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys (2021: Litigation Star – Competition/Antitrust; 2020: Litigation Star; 2018–2019: Litigation Star – Competition)

  • The Canadian Legal Lexpert Directory 2021 (Competition Law/Advertising & Marketing Law)

  • Thomson Reuters Stand-out Lawyers 2021 – Independently Rated Lawyers (As nominated by senior in-house counsel)

  • Who's Who Legal: Canada 2020 (Competition) ("Robert Kwinter garners praise for his strong regulatory know-how and longstanding experience in complex cases pertaining to conspiracy, trade association activities and mergers.")

  • The Canadian Legal Lexpert Directory 2020 (Competition Law)

  • The Best Lawyers in Canada 2020 Lawyer of the Year (Competition/Antitrust Law)

  • Who's Who Legal: Thought Leaders – 2019–2020 (Competition)

  • Chambers Canada: Canada's Leading Lawyers for Business – 2018–2020 (Competition/Antitrust, Competition/Antitrust: Litigators)

  • The Canadian Legal Lexpert Directory 2019 (Competition Law, Advertising and Marketing Law)

  • Who's Who Legal: M&A and Governance 2019 (Foreign Investment Review)

  • Who's Who Legal: Competition – 2018–2019

  • Chambers Global: The World's Leading Lawyers for Business – 2018–2019 (Competition/Antitrust: Canada, Competition/Antitrust: Litigators)

  • The Legal 500 Canada 2019 (Leading Lawyer – Competition & Antitrust)

  • The Canadian Legal Lexpert Directory 2018 (Competition Law)

  • The Legal 500 Canada 2018 (Competition/Antitrust)

  • Who's Who Legal: Thought Leaders – Competition 2018 (Commentators call Robert "one of the best competition litigators in Canada" and "a leading member of the bar". He is particularly identified for his superb abilities in cartel and class action litigation.)

  • The 2017 Lexpert Guide to the Leading US/Canada Cross-border Litigation Lawyers in Canada (Competition/Antitrust Law, Competition)

  • The Canadian Legal Lexpert Directory 2017 (Competition Law, Advertising & Marketing Law)

  • The Best Lawyers in Canada 2017 (Competition/Antitrust Law, Advertising and Marketing Law)

  • Who's Who Legal: Canada – 2016–2017 (Competition)

  • The 2016 Lexpert Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada (Competition Law)

  • The Legal 500 Canada 2016 (Recommended – Competition/Antitrust)

  • Who's Who Legal: Competition 2016

  • Legal Media Group's Guide to the World's Leading Competition and Antitrust Lawyers 2016

Rob has advised clients on award-winning deals, including one named GCR Behavioural Matter of the Year (Agency) – Americas in the GCR Awards 2016 and another one awarded National Impact Case in the Benchmark Canada Awards 2014.

Professional Activities

Rob regularly participates on various committees of the Canadian Bar Association and the American Bar Association and has been an active contributor to the work of the International Competition Network as a non-governmental adviser. He is a member of the American Bar Association's International Developments and Comments Task Force and a vice-chair of the Competition Law and Policy Committee of the Canadian Chamber of Commerce.

Education

Admitted to the Ontario Bar – 1986
LLB, Osgoode Hall Law School – 1984
University of Toronto – 1980

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