OTTAWA —Thomas Mathews, a graduate of the University of Ottawa's Juris Doctorate (National Program), is the winner of the 2013 Canadian Bar Association (CBA) James H. Bocking Memorial Award for his paper, “The Failing Firm Defence: Re-examining Canada’s Approach to Rescue Mergers in Light of the US and EU Experience.” The award is presented annually for the best scholarly paper submitted to the CBA’s National Competition Law Section on a subject directly related to Canadian competition law or policy.
Mr. Mathews’ paper examines the competitive impact of a merger when one or more of the firms involved in the transaction are failing. It presents the failing firm defence that enables failing firms to merge with a profitable firm in a transaction that would normally have been blocked by merger review as being anticompetitive. Today, finding the most appropriate approach to assessing the competitive effect of mergers involving failing firms is increasingly important.
“While the jury panel was most impressed by the high quality and diversity of the papers submitted in this year's competition for the James H Bocking Award, ultimately it selected Mr. Mathews’ scholarly and well-researched analysis,” said Tim Kennish, past Chair of the National Competition Law Section (2001-2002) and retired partner of Osler, Hoskin & Harcourt LLP in Toronto. “It will make a very valuable and much-needed contribution to both the literature on, and our understanding of, this important subject.”
Prior to obtaining his J.D. from the University of Ottawa, Mr. Mathews, an Ancaster, Ontario native, studied civil law at Université Laval and articled at a national firm in Montreal. He is a member of both the Barreau du Québec (2010) and the Bar of Ontario (2013). Having interned at the Criminal Matters Branch of the Competition Bureau, he is interested in pursuing a career in competition law.
The James H. Bocking Memorial Award will be presented to Mr. Mathews at the CBA’s annual Competition Law Fall Conference on Thursday, October 3, at the Ottawa Convention Centre during the noon-hour luncheon with John Pecman, the Commissioner of Competition. The award includes a $2,500 prize and complimentary registration for the conference. The event and two-day conference are open to accredited media; please contact Hannah Bernstein for accreditation.
The award was established by the National Competition Law Section in memory of the late James H. Bocking (1947-1999), a former Assistant Deputy Director of Investigation and Research at the Competition Bureau, in recognition of his contributions to Canadian competition law and policy during his many years as a Bureau official.
The Canadian Bar Association is dedicated to support for the rule of law, and improvement in the law and the administration of justice. Some 37,000 lawyers, law teachers, and law students from across Canada are members.
The Canadian Bar Association is dedicated to support for the rule of law, and improvement in the law and the administration of justice. Some 37,000 lawyers, notaries, law teachers, and law students from across Canada are members.
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