Michael Kilby

Michael Kilby is a partner in the Competition and Foreign Investment Group in Stikeman Elliott’s Toronto office. He advises on all matters relating to Canadian competition and foreign investment laws, with wide-ranging experience in areas including merger review, unilateral conduct, misleading advertising and foreign investment approvals across a broad spectrum of industries. Mr. Kilby is recognized by Chambers Global’s 2015 The World’s Leading Lawyers for Business for his expertise in Competition/Antitrust law. In relation to foreign investment matters, Mr. Kilby has been involved in four of the most important, precedent-setting foreign acquisitions in modern Canadian history, including acting on the regulatory teams for: CNOOC in its US$15B acquisition of Nexen; Potash Corporation of Saskatchewan in its successful defence against BHP Billiton’s US$39B hostile bid; Petrochina in its C$1.9B acquisition of control of oil sands businesses from Athasbasca Oil Sands Corp; and Vale SA in its C$20B acquisition of Inco, amongst others. Mr. Kilby also has experience with national security reviews under the Investment Canada Act. In relation to competition law matters, Mr. Kilby has advised in connection with hundreds of corporate transactions. Recent notable transactions in which he has been involved include: Transcontinental in its acquisition of Quad/Graphics Canada; Sobeys in its acquisition of Safeway’s Canadian business; Ratiopharm in its sale to Teva; Nova Capital in the sale of Wilkinson Steel and Metals to Samuel, Son & Co; and Lakeport Brewing Income Fund in its sale to Labatt. He also regularly provides Competition Act compliance advice to a broad array of clients. Mr. Kilby is currently Chair of the Marketing Practices Committee of the Competition Law Section of the Canadian Bar Association, and is a member of the Law Society of Upper Canada. He is also a member of both the Mergers & Acquisitions Committee and the Pricing Conduct Committee of the American Bar Association’s Section of Antitrust Law.