Biography: Janet E. Bolton

Backgrounder

March 21, 2005

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Direct Dial: 416-862-6817
E-mail: jbolton@osler.com

Education

1995 College of Europe, Bruges LL.M.

1993 McGill University, LL.B./B.C.L.

1989 University of Toronto, B.A.

Year of Call

1996 Ontario Bar

Profile

Janet Bolton is a senior associate in the Business Law Department of Osler, Hoskin & Harcourt LLP, where she practises primarily in the field of competition/antitrust law. Janet is a member of the firm’s Competition & Antitrust and Mergers & Acquisitions practice groups.

Janet provides competition law advice respecting mergers and acquisitions, strategic alliances and joint ventures, and advises clients on compliance with the conspiracy and other criminal and civil provisions of the Competition Act. Janet also has experience in criminal immunity matters under the Competition Act. In 2004, Janet was retained by the Commissioner of Competition to write a Government Consultation Paper on the treatment of efficiencies in Canadian competition law. Janet is actively involved in issues relating to the reform of competition law and policy in Canada.

Janet also has extensive experience in foreign investment review under the Investment Canada Act.

Janet articled as a clerk to the Honourable Justice John C. Major at the Supreme Court of Canada in 1993-1994. Janet works on a part-time (4 days/week) basis.

Professional Affiliations

• Canadian Bar Association/Competition Law Section (Mergers Committee and Legislation and Policy Committee member)
• American Bar Association/Antitrust Section

Representative Work

• Commissioner of Competition in connection with the preparation of a major Government Consultation Paper on the Treatment of Efficiencies under the Competition Act.
• Borden Chemical Inc. on the sale of its business to Apollo Management, L.P.
• Honeywell International Inc. in connection with the acquisition of the shares of Silent Witness Enterprises Inc.
• The Seagram Company Ltd. before the Competition Bureau and the Investment Canada agency in connection with the sale of its beverage alcohol business to Diageo plc and Pernod-Ricard S.A.
• A client in connection with an application for immunity from criminal prosecution pursuant to the Competition Bureau's Immunity Bulletin.
• A client in obtaining a Competition Bureau advisory opinion related to the issue of credit card duality.
• Time Warner in connection with the proposed combination of its record club interests with Sony's interests and Cdnow.
• Time Warner in its proposed merger with EMI Group plc.
• A client respecting the scope and intent of the Competition Tribunal's Yellow Pages Consent Order.
• Bank of Montreal in connection with its proposed merger with Royal Bank of Canada.
• Warner Music Group in connection with its successful defence of refusal to deal proceedings in the Competition Tribunal and in the Ontario Court (General Division).
• A retail chain on the competition law risk associated with a merger with a major competitor.
• Trade Associations in connection with competition law issues arising with their membership and externally.

Articles and Presentations

• Fundamentals of Pre-Merger Notification and Merger Review under the Competition Act, Paper presented at the September 2004 Canadian Bar Association Annual Competition Law Conference
• Section 45 Reform – Again, Paper Presented at the 2004 Langdon Hall Invitational Conference on Competition Law (co-authored with T. Kennish)
• Merger Efficiencies: How Should They be Treated?, Paper presented at the Atlas Invitational Conference on Competition Law, November 2003 (co-authored with T. Kennish)
• Principal author of the Canadian Bar Association Commentary on Competition Bureau's Information Bulletin on the Regulated Conduct Defence, Fall 2003
• The Regulated Conduct Defence: Time for Legislative Action?, Canadian Competition Record, Summer 2003 (co-authored with T. Kennish)
• Contributor to Canadian Bar Association Commentary on Draft Guideline Respecting the Interpretation of Section 111(a) of the Competition Act (Acquisitions in the Ordinary Course of Business), June 2001
• Canadian Government Revisits Bank Merger Controversy,Global Competition Review, 34, 2000 (co-authored with Tim Kennish)
• Canadian Bank Mergers: What Happened?, Canadian Competition Policy Record, No. 4 at 58, Winter 1999 (co-authored with Tim Kennish)
• 20 Strategies for Avoiding Pitfalls in Controlling Prices and Territories, The Canadian Bar Association (Ontario) Continuing Legal Education Conference, January 1997 (co-authored with Peter Glossop)
• Janet was a sessional instructor for the European Law course at the University of Toronto, Faculty of Law during the 1998/99 and 1999/2000 academic years.