Barry Zalmanowitz is a partner of Dentons Canada 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 industry experience includes agriculture, oil and gas, restructured electricity, oil and gas service, pipeline, retail and airlines.
- Enbridge Inc.: Advising on its agreement to transfer its Canadian liquids pipelines business, held by Enbridge Pipelines Inc. and Enbridge Pipelines Athabasca Inc., and certain Canadian renewable energy assets to a subsidiary of Enbridge Income Fund for consideration, including assumption of debt, valued at $30.4 billion.
- Banister Pipelines Corp.: Competition law counsel in relation to the sale of its pipeline construction and maintenance business to Banister Pipelines Constructors Corp., a wholly-owned subsidiary of Quanta Services, Inc., a NYSE traded public corporation.
Husky Energy: Counsel on a Supreme Court decision relating to the use of a single fluid hauling service for Husky and Exxon Mobil’s jointly and separately owned facilities in the Rainbow lake area of Alberta. The Court decision was that this agreement did not violate section 45 of the Competition Act (The criminal cartel provision).
- National Oilwell Varco, Inc.: Counsel to subsidiary NOV Distribution Services ULC with respect to its CA$240 million acquisition of CE Franklin
- Katz Group Canada Inc.: Counsel on sale of a large portion of its independent banner and franchise business to McKesson Corporation.
- BP Canada: Counsel in connection with its US$1.67 billion agreement to sell its Canadian natural gas liquids business to Plains Midstream Canada.
- Sasol Petroleum International: Counsel on its CA$1.05 billion agreement to acquire from Talisman Energy a 50% stake in their Farrell Creek shale gas assets located in B.C.’s Montney basin.
- Athabasca Potash Inc. (API): Counsel with regard to its CA$341 million acquisition by BHP Billiton by way of plan of arrangement.
- Shaw Communications Inc.: Counsel on its CA$300 million acquisition of Mountain Cablevision Limited, to become Canada's largest cable provider.
- MTS Allstream: Counsel on regulatory and competition matters relating to the completion of strategic wireless agreements with Rogers Communications.
- Stantec Inc.: Represented in acquisition of Jacques Whitford Group Ltd. and Jacques Whitford Global Group Limited (Engineering and Environmental Professional Services).
- Hunting PLC: Canadian counsel on the CA$1.26 billion sale of its subsidiary Gibson Energy Holdings Inc. and its subsidiaries to Riverstone/Carlyle Global Energy and Power Fund.
- Rexall Sports: Counsel on the acquisition of the Edmonton Oilers National Hockey League franchise
- Société générale de financement du Québec: Counsel on the CA$100 million acquisition of equity interest in Alliance Films Inc.
- Compton Petroleum: On the CA$270 million sale of conventional oil assets to Birchcliff Energy.
- CHIP REIT: CA$1.2 billion acquisition by British Columbia Investment Management Corporation.
- Pogo Producing Co.: Of Houston, Texas, on its US$2 billion sale of its Calgary-based oil and gas company, Northrock Resources Ltd., to Abu Dhabi National Energy Co. (TAQA)
- Confidential clients: Successful representation of clients in criminal cartel prosecutions.
- Confidential clients: 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.
- EPCOR Utilities: Sale of Battle River Power Purchase Agreement to ENMAX Corporation.
- Recognized by Chambers Global as a leading lawyer in the area of Competition/Antitrust Law (2005 - 2015)
- Recognized by Who’s Who Legal Canada as a leading lawyer in the area of Competition (2010-2014)
- Recognized by Legal 500 Canada 2015 in the area of Competition and Antitrust.
- Recognized by Best Lawyers in Canada 2015 as one of Canada’s leading lawyers in the area of Competition/Antitrust Law (2006-2015).
- Recommended by The Canadian Legal Lexpert Directory (2005, 2006, 2010-2015) as one of Canada's leading lawyers in the area of Competition Law.
- Repeatedly recommended by The Canadian Legal Lexpert Directory as one of Canada's leading lawyers in the areas of Energy (Oil & Gas) (2008-2015) and Litigation - Defamation & Media (2006-2015).
- Recognized by the Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada (2012) in the area of Competition Law.
- Recommended by PLC Which lawyer? in the PLC Competition Multi-Jurisdictional Guide 2012 in the area of Competition law.
- Recognized in the area of Competition | Antitrust Law by Euromoney's Expert Guides, 2012.
- Recommended in the area of Competition Law by Chambers Global: The World’s Leading Lawyers, The Canadian Legal Lexpert Directory, Practical Law Company, National Post, The Best Lawyers in Canada, Global Competition Review, and The International Who's Who of Competition Lawyers and Economists.
- Martindale-Hubbell Distinguished BV Peer Review Rating.
- "Canada: Overview", Global Competition Review, The Handbook of Competition Enforcement Agencies 2012 - June 2012
- "Canada: Overview", Global Competition Review, The Handbook of Competition Enforcement Agencies 2011 - July 2011
- "Antitrust Law and the Energy Industry in Canada", American Bar Association Section of Antitrust Law, Spring Meeting, Houston, Texas, May 2011
- "Visa and MasterCard Rules Challenged by the Competition Bureau", Focus on Competition | Antitrust - December 2010
- "Canada: Overview", Global Competition Review, The Handbook of Competition Enforcement Agencies 2010 - May 2010
- "Recent Amendments to Canada's Cartel Laws", American Bar Association Section of Antitrust Law Spring Meeting, Washington, April 2010
- "Canada: Cartels", Global Competition Review: The Antitrust Review of the Americas - 2010
- The Handbook of Competition Enforcement Agencies 2009
- Amendments to Canada’s Competition Laws - March 2009
- Proposed Amendments to Canada’s Competition Laws
- "Immunity Programme under the Canadian Competition Act Q&A", PLC Cross-border Competition and Leniency Handbooks, March 2008
- Fundamentals of Canadian Competition Law, Chapter on non-criminal review of anticompetitive agreements among competitors
Activities and Affiliations
- Vice-Chair of the Canadian Chamber of Commerce Competition Law & Policy Committee
- Past 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
Community Involvement and Pro Bono
- Chair of the Board of the Art Gallery of Alberta
- Law Society of Alberta’s Media and the Law Seminar, 2001 to 2006
- Appointed Queen's Counsel, 2002
- Partner of Fraser Milner Casgrain since 1985
- Past Editor, Canadian Competition Record
- Moderator, Panel on Abuse of Dominance and Price Maintenance, CBA Fall Conference in Ottawa, October 3, 2013
- Panel Speaker, “Updated Abuse of Dominance Guidelines”, Canadian Bar Association National Competition Law Section Annual Fall Conference, Gatineau, QC, September 20-21, 2012
- “Criminal Conspiracy or Strategic Alliance – Tips for In-House-Counsel”, Canadian Bar Association National Competition Law Section Corporate Counsel Committee, February 29, 2012
- Speaker, "Criminal Conspiracy or Legitimate Competitor Collaboration?", CBA, National Competition Law Section, February 28, 2012
- Speaker, "Antitrust and Consumer Protection Issues in the Energy Industry: 100 Years since Standard Oil", ABA Annual Antitrust Law Spring Meeting, May 5-6, 2011, Houston, Texas
- Presenter, Seminar on Current Issues in International Trade, Calgary, September 21, 2010
- Speaker, "New Rules in Canada - What a Cross-Border Business Needs to Know", ABA 58th Annual Antitrust Law Spring Meeting, April 21-23, 2010
- Presentation to Alberta Utilities Commission on the Competition Act and the Fair, Efficient and Open Competition Regulation, April 6, 2010
- Moderator, The Competition Law 2009 Spring Forum: Recent Developments in Civil Matters under Canadian Competition Law, Toronto, May 12, 2009
- 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
- Lecturer, Faculty of Law, University of Calgary, Transportation Law, 2004 to 2006
- Law Society of Alberta’s Media and the Law Seminar, 2001 to 2006