Described by a former Canadian Commissioner of Competition as "someone with terrific common sense, a very good intuition, and wisdom beyond his years" (Precedent Magazine, Summer 2014), Niki leads the Competition Practice Group at WeirFoulds. He is recognized by Chambers Global and Best Lawyers and as a leader in corporate commercial litigation and competition law, and in the 2016 edition of Benchmark Canada, the Guide to Canada's Leading Litigation Firms and Attorneys.

He is routinely retained by Canadian and multinational companies involved in antitrust investigations or needing competition compliance advice. He focuses on high-stakes, contentious competition issues, including mergers, criminal cartels, abuses of dominance, false and misleading advertising claims, and competition class actions. He is adept at helping clients to navigate complex regulatory investigations, advocating before administrative agencies on their behalf.

Niki completed a three-year special appointment as counsel to Canada's Commissioner of Competition, ending in 2012. There he acted as lead counsel on some of Canada's highest profile mergers, including leading the Bureau's case before both the Competition Tribunal and the Federal Court of Appeal in the precedent-setting CCS/Tervita matter, the first contested merger since 2006.

A former clerk of the Court of Appeal for Ontario, Niki frequently speaks at conferences both in Canada and internationally and is active in the Canadian and American Bar Associations. Niki publishes widely, including having co-authored the book Witness Preparation: A Practical Guide with Supreme Court of Canada Justice Thomas Cromwell and Bryan Finlay Q.C.

Nikiforos Iatrou, recognized by Chambers Global and others as one of Canada's prominent competition litigators, is an accomplished lawyer who focuses on complex business litigation and competition law.

Described by a former Canadian Commissioner of Competition as "someone with terrific common sense, a very good intuition, and wisdom beyond his years" (Precedent Magazine, Summer 2014), Niki leads the Competition Practice Group at WeirFoulds. He is recognized by Chambers Global and Best Lawyers and as a leader in corporate commercial litigation and competition law, and in the 2016 edition of Benchmark Canada, the Guide to Canada's Leading Litigation Firms and Attorneys.

He is routinely retained by Canadian and multinational companies involved in antitrust investigations or needing competition compliance advice. He focuses on high-stakes, contentious competition issues, including mergers, criminal cartels, abuses of dominance, false and misleading advertising claims, and competition class actions. He is adept at helping clients to navigate complex regulatory investigations, advocating before administrative agencies on their behalf.

Niki completed a three-year special appointment as counsel to Canada's Commissioner of Competition, ending in 2012. There he acted as lead counsel on some of Canada's highest profile mergers, including leading the Bureau's case before both the Competition Tribunal and the Federal Court of Appeal in the precedent-setting CCS/Tervita matter, the first contested merger since 2006.

A former clerk of the Court of Appeal for Ontario, Niki frequently speaks at conferences both in Canada and internationally and is active in the Canadian and American Bar Associations. Niki publishes widely, including having co-authored the book Witness Preparation: A Practical Guide with Supreme Court of Canada Justice Thomas Cromwell and Bryan Finlay Q.C.

Significant Cases

Niki advises companies and individuals dealing with Competition Bureau investigations, including mergers, civil reviews, and criminal investigations. Recent notable cases include:

  • Acting for Stargrove Entertainment Inc. against Canada's major music publishers, and successfully advancing a novel claim involving the intersection between IP law and competition law.
  • Acting for Rakuten-Kobo in litigation against the Competition Bureau in an international antitrust investigation, and successfully obtaining for Kobo the first ever injunction preventing the implementation of a consent agreement of the Commissioner of Competition.
  • Acting in relation to a Competition Bureau investigation/Public Prosecution Service of Canada case into criminal bid-rigging involving condominiums in the Greater Toronto Area.
  • Acting for Public Mobile in its acquisition by TELUS, the first instance of the Competition Bureau approving the acquisition of a new entrant telecom company by an incumbent telecom company.

Niki has also acted in these recent transactions:

  • Walmart's acquisition of property and leasing interests arising from Target's exit from the Canadian market.
  • Honeywell's acquisition by plan of arrangement of COM DEV International Ltd., a leading satellite and space components company.
  • Canadian Solar's acquisition of Recurrent Energy, a leading North American solar energy developer, from Sharp Corporation.

While at the Competition Bureau, Niki acted as lead counsel on over 20 merger transactions, including reviews in the pharmaceutical, waste collection, mining, entertainment, high technology, and retail gasoline industries. He was lead counsel on two particularly significant cases:

  • In The Commissioner of Competition v. CCS Corporation, he led the Bureau in the first contested merger that the Competition Tribunal had heard since 2006. This was a precedent setting case, being Canada's first pure "prevention of competition case".
  • In The Commissioner of Competition v. Dynasty Spas Inc. et al., he was lead counsel on the Bureau's first contested "greenwashing" case, pertaining to retailers' misuse of the ENERGY STAR logo. The Commissioner's application resulted in a Consent Agreement filed with the Competition Tribunal in 2011.

Niki's practice also involves complex commercial and public law litigation, having been part of the WeirFoulds team that acted on behalf of the City of Guelph in successfully defending a $33million-claim in relation to an experimental waste management plant. He has acted in contentious offshore matters, including for a noted international hedge fund in the Caribbean in a multi-million dollar interjurisdictional dispute in Platinum Trading Management Ltd. v. Reeves. Prior to that, he was instrumental in helping an off-shore trust fund to have a Mareva order (freezing injunction) set aside. He also helped to advise the Province of Newfoundland and Labrador in an investment-treaty dispute under Chapter Eleven of NAFTA.

Reported Cases

Stargrove Entertainment Inc. v. Universal Music Publishing Group Canada, 2015 Comp. Trib. 26

Stargrove Entertainment Inc. v. Universal Music Publishing Group Canada, 2015 Comp. Trib. 17

Kobo Inc. v. Commissioner of Competition, 2014 Comp. Trib. 14

Kobo Inc. v. Commissioner of Competition, 2014 Comp. Trib. 8

Kobo Inc. v. Commissioner of Competition, 2014 Comp. Trib. 2 

Neuwirth v. DaCosta, 2014 ONSC 527

Re: Metropolitan Toronto Apartment Builders' Assn. and Universal Workers Union, Local 183 (Jurisdiction), 2013 CarswellOnt 16966 (Ont. Arb.)

Canada (Commissioner of Competition) v. CCS Corp., 2013 Comp. Trib. 6

Canada (Commissioner of Competition) v. CCS Corp., 2012 Comp. Trib. 18

Tervita Corporation v. Commissioner of Competition, [2013] FCA 28

Commissioner of Competition v. CCS Corporation et al., [2012] Comp. Trib. No. 14

Commissioner of Competition v. CCS Corporation et al., [2011] Comp. Trib. No. 23

Commissioner of Competition v. CCS Corporation et al., [2011] Comp. Trib. No. 11

Guelph (City) v. Super Blue Box Recycling Corp (2009), 56 B.L.R. (4th) 37 (Ont. C.A.)

1640895 Ontario Inc. v. Harvey, [2009] ONCA 76

Proper v. Ontario (Chief Coroner), [2008] O.J. No. 4992 (Sup. Ct.)

BBM (Bureau of Measurement) v. Canada (M.N.R.), [2008] D.T.C. 341 (Tax Ct.)

Guelph (City) v. Super Blue Box Recycling Corp. (2007), 38 M.P.L.R. (4th) 267 (Ont. Sup. Ct.)

Commissioner of Competition v. Labatt Brewing Co. Ltd. et al., [2007] Comp. Trib. 9

Dodge v. Simanic (1 September 2010), St. Christopher and Nevis SKBHCV 2001-0191 (High Court of Justice, Eastern Caribbean Supreme Court)

Dodge v. Simanic (11 October 2009), St. Christopher and Nevis SKBHCV 2001/0191 (High Court of Justice, Eastern Caribbean Supreme Court)

Reeves v. Platinum Trading Management Limited (25 February 2008), St. Christopher and Nevis HCVAP 2007/022 (Court of Appeal)

Golfview Development Limited v. St. Kitts Development Corporation (20 June 2007), St. Christopher and Nevis Civil Appeal No. 17 of 2004 (Court of Appeal)

St. Kitts Development Corporation v. Golfview Development Limited (31 March 2005), St. Christopher and Nevis Civil Appeal No. 15 of 2004 (Court of Appeal)

Publications

"2015 Antitrust Year in Review", American Bar Association Section of International Law, August 2016 (with Bronwyn Roe)

"An Open Book: Canadian Courts Favor Disclosure in Antitrust Cases", Lexpert®, November 2015 (with Bronwyn Roe and Jeff Scorgie)

"Plaintiff-Friendly Competition Decisions from Canada", Today's General Counsel, August 2015 (with Bronwyn Roe and Jeff Scorgie)

"Quiz: Competition Bureau cracks down on bid-rigging in construction industry", Canadian Lawyer Magazine, June 2015 (with Graham Brown)

"2014 Antitrust Year in Review", American Bar Association Section of International Law, May 2015 (with Bronwyn Roe)

"Competition Bureau Sets its Sights (and its website) on the Construction Industry", WeirFoulds LLP, April 2015 (with Graham Brown)

"Canada―Decision Poses Antitrust Risk for U.S. Manufacturers", Today's General Counsel, August 2014

"Hiding in Plain Sight: The Competition Bureau's Criminal Cartel Whistleblowing Initiative", WeirFoulds LLP, October 2013 (with Bronwyn Roe)

"Clarity in the Crystal Ball: Canada's Reasoned Approach to Prevention of Competition", Antitrust, Summer 2013, July 2013

"At Phalt? The Road to Compliance in the Paving Industry", WeirFoulds Client Update, May 2013 (with Graham Brown)

"Canada's Federal Court of Appeal Endorses a Forward-Looking Approach to Prevention of Competition", WeirFoulds LLP Antitrust Update, March 2013 (with Scott McGrath)

"Competition, Cartels and Canada - Courts are Putting Leniency Agreements at Risk", Today's General Counsel, March 2013

"The Federal Court of Appeal Defers to the Expertise of the Competition Tribunal", Regulatory Boards and Administrative Law Litigation, February 2013

"Testing the Foundations: Six Lessons from the Competition Bureau's Investigation into the Construction Industry", WeirFoulds LLP, Client Update, February 2013 (with Graham Brown)

"Canada's New Appetite for Antitrust Litigation: Cross-Border Mergers will be Scrutinized", Executive Counsel, January 2013 (with Scott McGrath)

"Quiz - Navigating Canada's Competition and Foreign Investment Landscape", Canadian Lawyer InHouse Magazine, December 2012 (with Scott McGrath)

Electronic Documents: Records Management, e-Discovery and Trial (loose-leaf textbook, 2010+), (co-editor and contributing author)

"Norwich Orders Across Borders: Obtaining third party discovery in Canada", Lexpert® 2010 Guide to the Leading US/Canada Cross-border Litigation Lawyers in Canada, December 2010 (with Marie-Andrée Vermette)

"Ontario Rules of Pre-trial Documentary Discovery", 48th AIJA (International Association of Young Lawyers) Congress, Charleston, South Carolina, August 2010 (with Caroline Abela)

"Norwich Orders in Canada: A Tool for Twenty-First Century Litigation", The Canadian Legal Lexpert Directory, May 2010 (with Marie-Andrée Vermette)

"Cross-Border Litigation Quiz"", Canadian Lawyer InHouse Magazine, December 2009 (with Frank Walwyn)

"Cross-Border Litigation in Canada: Increasing Predictability and Clarity", Chambers Client Report, Issue 29, Autumn 2009, October 2009 (with J. Gregory Richards)

"Clashing with Class Actions", Business Law Today, American Bar Association, February 2009

"Avoiding False Starts and Hollow Victories: Equipping Yourself for Cross-Border Litigation", Lexpert Magazine, February 2009 (with J. Gregory Richards and Frank Walwyn)

"Extreme Orders and Courts Without Borders: Creative Thinking in International Commercial Litigation"", 9th Caribbean Commercial Law Workshop, Trinidad, August 2008 (with Frank Walwyn and Bryan Finlay QC)

With Bryan Finlay, Q.C. and Frank Walwyn, "Extreme Orders and Courts Without Borders: Creative Thinking in International Commercial Litigation", 9th Caribbean Commercial Law Workshop, Trinidad, 2008.

With Bryan Finlay, Q.C., "Such as they are, they are our own: Abolishing Canadian Appeals to the Privy Council", Judicial Education Institute of the Eastern Caribbean Supreme Court, St. Lucia, 2008.

With Bryan Finlay, Q.C., "Securities Litigation is a Dangerous Business: The Enron Convictions and Their Implications in Canada", Canadian Institute, Advanced Forum on Securities Litigation, 2006.

With Carolyn Love, "Divided Approaches to Mingled Accounts: Graphicshoppe at the Court of Appeal", Credit and Banking Litigation Journal, Vol. 10:4, 2006.

With Frank Walwyn, "Using Discovery Transcripts & Making and Handling Objections", Ontario Bar Association, "Your First Trial" Conference, 2006.

With Bryan Finlay, Q.C., "Institutional Independence and Impartiality in the Context of Administrative Tribunals", Osgoode Hall Professional Development Program, Forum: New Directions in Administrative Law and Practice, 2005.

With the Law Clerks of the Court of Appeal for Ontario (2003-2004), Wrongful Dismissal Manual: An Overview of Employment Law in Ontario, Guide prepared for Pro-Bono Law Ontario, 2005.

Editor-in-Chief, Vol. 33, Ottawa Law Review / Review de Droit d'Ottawa, 2002–2003.

With Ian Kerr, eds., Technoprudence: Materials and Readings, University of Ottawa, 2001.

Books:

With The Honourable Mr. Justice Thomas Cromwell and Bryan Finlay, Q.C., Witness Preparation: A Practical Guide (Toronto: Canada Law Book, 2010).

Contributing Author, Electronic Documents: Records Management, E-Discovery and Trial, looseleaf ed. (Toronto: Canada Law Book, 2010).

Contributing Author, The Real Legal Weapons: Interim Measures in Civil and Criminal Cases (Zurich: Dike Verlag AG, 2009).

Speaking Engagements

Conference Chair, CBA Competition Law Spring Conference, Toronto, ON, May 25, 2017.

"Retailer Beware Part 2: When Does Discount Advertising Become Deceptive in Canada, the UK, and the EU", Section of Antitrust Law, September 2016.

"Mergin' on Up: Strategies for Getting Vertical Transactions Through the Competition Agencies", CBA Competition Law Section and ABA Antitrust Section Brownbag Session, (Chair), May 2016.

"Examinations at Trial", Ontario Bar Association, Young Lawyers' Division, Your First Civil Trial, Toronto, March 2015.

"The Tervita Case from Trial to the SCC", Presentation to Department of Justice Business & Regulatory Law Section, Ottawa, January 2015.

American Bar Association, Section of International Law, 2014 North American Forum, (Meeting Co-Chair), Vancouver, November 2014. 

Continuing Legal Education Session on Trusts presented to Senior Department of Justice Counsel, (Chair), Ottawa, October 2014.

"Why Every Caribbean Country Needs a Right-Sized Competition Act and Why Every Company in the Caribbean Should Have a Right-Sized Competition Compliance Policy",  University of the West Indies' 13th Annual Caribbean Commercial Law Workshop, Port of Spain, Trinidad, August 2014. 

"Corporate Counsel's Role in Merger Control – Negotiating and Structuring the Deal", American Bar Association, Section of International Law, Successful Transactions – What In-House Counsel Expect from their M&A and Antitrust Attorneys, Chicago, June 2014.

"Price Fixing in the Banking Sector", International Association of Young Lawyers, Hong Kong, March 2014.

Continuing Legal Education Session on Property Law presented to Senior Department of Justice Counsel, (Chair), Ottawa, October 2013.

"Staying Onside While Litigating Offshore", (Program Chair), American Bar Association, Section of International Law's Spring Meeting, Washington D.C., April 2013.

"Lessons from the Great White North: The CCS Case and a New Appetite for Litigating Mergers", American Bar Association, Section of International Law, Teleconference Panel, February 2013.

"Reviewable Trade Practices under Canada's Competition Act: Vertical Restraints", International Association of Young Lawyers, Montreal, 2012

"Chocolate, Chips, and Cheerios: Antitrust Class Actions and the Indirect Purchaser", International Association of Young Lawyers, Munich, 2012

"The CCS Case Deconstructed", Canadian Bar Association's Annual Competition Law Fall Conference, Gatineau, 2012

"Fraudulent Insolvencies in the Financial Crisis", American Bar Association Section of International Law's Spring Meeting, New York, 2012.

"Legal Privilege and Procedural Safeguards during Dawn Raids", International Association of Young Lawyers, London, England, 2011.

"An American Expert in Paris: Comparative Approaches to Working with Experts", International Association of Young Lawyers, Amsterdam, Netherlands, 2011.

"Working with Economic Experts in Antitrust Matters", American Bar Association - International Antitrust Law Committee, Teleconference Panel, 2011.

"Best Practices and Practical Tips for Navigating the New SIR Process", Ontario Bar Association, Navigating Canada's New Competition Law Regime – Practical Advice for Guiding Your Clients to Success, Toronto, 2010.

"The Canadian Competition Bureau's New Policy on Hostile Transactions", Canadian Bar Association, Mergers Roundtable, Toronto, 2010.

"Ontario Rules of Pre-trial Documentary Discovery: Top Ten Reasons to Choose Ontario for Your Litigation", co-presented with Caroline Abela, International Association of Young Lawyers, Charleston, S.C., 2010.

"The Real Legal Weapons: Interim Measures in Canadian Civil Cases", International Association of Young Lawyers, Budapest, 2009.

"Electronic Discovery and Litigation in the 21st Century", Center for International Studies, McGill University, Montreal, 2008.

Awards & Recognition

Recognized in the 2017 Lexpert Guide to the Leading US/Canada Cross-Border Corporate Lawyers

Ranked in Chambers Global: The World's Leading Lawyers 2017 in the Competition/Antitrust: Litigators - Canada category

Recognized in Chambers Canada 2017 as a leading lawyer in Competition/Antitrust – Litigators

Ranked in Chambers Global: The World's Leading Lawyers 2016 in the Competition/Antitrust: Litigators - Canada category

Recognized as a leading practitioner in the 2016 Canadian Legal Lexpert® Directory

Recognized as a leading practitioner in Competition/Antitrust Law and Corporate and Commercial Litigation in Best Lawyers in Canada (2016 & 2017)

Recognized in 2016 Benchmark Canada, the Guide to Canada's Leading Litigation Firms and Attorneys

Recognized as "Up and Coming" in Competition/Antitrust in Canada in Chambers Global – The World's Leading Lawyers for Business (2015)

Best Lawyers International recognition in Corporate Commercial Litigation,  Best Lawyers International (2015)

Noted in Global Competition Review's Elite 100 in Antitrust (Canada), Global Competition Review (2014)

The Precedent Setter Award for outstanding work in the first 10 years of practice, Precedent Magazine (2014) 

Merit Award for exceptional and distinguished contribution to the effectiveness and efficiency of the Public Service, Government of Canada, Commissioner of Competition (2011)

Harold G. Fox Education Fund Scholarship, Inns of Court, London, UK (2004-2005)

Engelmann-Gottheil Prize for excellence in labour law, human rights, and extra-curricular service (Ottawa, 2003)

University of Ottawa Merit Scholarship for Academic Excellence (Ottawa, 2003)

Highest standing in Criminal Law and Procedure, Droit du Travail (Labour Law) and Droit de la Famille (Family Law) (Ottawa, 2001-2003)

Affiliations

Hellenic Canadian Lawyers' Association (Immediate Past President)

Canadian Bar Association, National Competition Law Section (Vice Chair of the Mergers Committee, Editor of its biannual newsletter)

American Bar Association, Section of International Law (Member of Competition Law Committee Steering Group, Editor-in-Chief of Year in Review publication)

AIJA/International Association of Young Lawyers (Vice President, Litigation Commission) 

The Advocates' Society 

Community Involvement

Niki is the Immediate Past President of the Hellenic Canadian Lawyers' Association and a mentor in its mentoring program. He is an active alumnus of the University of Ottawa, where he was also an adjunct professor of Trial Advocacy. Niki mentors students through the University of Ottawa's Legal Links and Bridges Program and regularly volunteers his time for other mentoring programs and competitive moots.

Niki volunteered his time through Pro Bono Law Ontario (PBLO)'s Appeals Assistance Program to assist a plaintiff seeking long-term disability in a dispute with her benefits provider. Niki has also devoted considerable time to coordinating the pro-bono efforts of the Dickson Circle, a group of senior litigators in and around Toronto who engage in advocacy cases in conjunction with PBLO and a variety of community legal clinics. Outside the legal arena, Niki has also volunteered with the Canadian Opera Company's "Operanation" annual fund-raising gala and Against the Grain Theatre's indie opera productions.


 

Partner

Toronto
Direct 416.947.5072
Fax 416.365.1876
niatrou@weirfoulds.com

Practice Areas

Litigation

Competition Law

Called to the Bar
Ontario (2005)
Education
University of Ottawa
LL.B. 2003

McGill University
B.A. 1997
Political Science

Languages
  • French
  • Greek
Awards & Recognition

Recognized in the 2017 Lexpert Guide to the Leading US/Canada Cross-Border Corporate Lawyers

Ranked in Chambers Global: The World's Leading Lawyers 2017 in the Competition/Antitrust: Litigators - Canada category

Recognized in Chambers Canada 2017 as a leading lawyer in Competition/Antitrust – Litigators

Ranked in Chambers Global: The World's Leading Lawyers 2016 in the Competition/Antitrust: Litigators - Canada category

Recognized as a leading practitioner in the 2016 Canadian Legal Lexpert® Directory

Recognized as a leading practitioner in Competition/Antitrust Law and Corporate and Commercial Litigation in Best Lawyers in Canada (2016 & 2017)

Recognized in 2016 Benchmark Canada, the Guide to Canada's Leading Litigation Firms and Attorneys

Recognized as "Up and Coming" in Competition/Antitrust in Canada in Chambers Global – The World's Leading Lawyers for Business (2015)

Best Lawyers International recognition in Corporate Commercial Litigation,  Best Lawyers International (2015)

Noted in Global Competition Review's Elite 100 in Antitrust (Canada), Global Competition Review (2014)

The Precedent Setter Award for outstanding work in the first 10 years of practice, Precedent Magazine (2014) 

Merit Award for exceptional and distinguished contribution to the effectiveness and efficiency of the Public Service, Government of Canada, Commissioner of Competition (2011)

Harold G. Fox Education Fund Scholarship, Inns of Court, London, UK (2004-2005)

Engelmann-Gottheil Prize for excellence in labour law, human rights, and extra-curricular service (Ottawa, 2003)

University of Ottawa Merit Scholarship for Academic Excellence (Ottawa, 2003)

Highest standing in Criminal Law and Procedure, Droit du Travail (Labour Law) and Droit de la Famille (Family Law) (Ottawa, 2001-2003)

Affiliations

Hellenic Canadian Lawyers' Association (Immediate Past President)

Canadian Bar Association, National Competition Law Section (Vice Chair of the Mergers Committee, Editor of its biannual newsletter)

American Bar Association, Section of International Law (Member of Competition Law Committee Steering Group, Editor-in-Chief of Year in Review publication)

AIJA/International Association of Young Lawyers (Vice President, Litigation Commission) 

The Advocates' Society 

Community Involvement

Niki is the Immediate Past President of the Hellenic Canadian Lawyers' Association and a mentor in its mentoring program. He is an active alumnus of the University of Ottawa, where he was also an adjunct professor of Trial Advocacy. Niki mentors students through the University of Ottawa's Legal Links and Bridges Program and regularly volunteers his time for other mentoring programs and competitive moots.

Niki volunteered his time through Pro Bono Law Ontario (PBLO)'s Appeals Assistance Program to assist a plaintiff seeking long-term disability in a dispute with her benefits provider. Niki has also devoted considerable time to coordinating the pro-bono efforts of the Dickson Circle, a group of senior litigators in and around Toronto who engage in advocacy cases in conjunction with PBLO and a variety of community legal clinics. Outside the legal arena, Niki has also volunteered with the Canadian Opera Company's "Operanation" annual fund-raising gala and Against the Grain Theatre's indie opera productions.


 

Called to the Bar

Ontario (2005)

Education

University of Ottawa
LL.B. 2003

McGill University
B.A. 1997
Political Science

Languages

  • French
  • Greek