Lexpert Special Editions

Corporate Law June 2014

The Lexpert Special Editions profiles selected Lexpert-ranked lawyers whose focus is in Corporate, Infrastructure, Energy and Litigation law and relevant practices. It also includes feature articles on legal aspects of Canadian business issues.

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20 | RETAIL Lexpert Special Edition Huot, Jean Marc Stikeman Elliott LLP (514) 397-3276 jmhuot@stikeman.com Mr. Huot is Co-chair of the fi rm's securities practice. Focuses on securities, M&A and governance. Acts for issuers, under writers, governments, investment funds, acquirors and targets. Experienced in international tender off ers and privatizations. Jewett, Peter E.S. Tor ys LLP (416) 865-7364 pjewett@torys.com Mr. Jewett chairs Tor ys' corporate and capital markets department. Expertise in national and international corporate fi nance and M&A. Acts on privatizations of major federal and provincial enterprises and many of Canada's largest M&A deals. Johnson, Glen R. Tor ys LLP (416) 865-8146 grjohnson@tor ys.com Mr. Johnson focuses on domestic & cross-border securities off erings & regulation, and corporate fi nance and M&A matters. He advises Canadian issuers, registrants and other securities industr y participants on a range of securities regulator y matters. Jenkins, William K. Dentons Canada LLP (403) 268-6835 bill.jenkins@dentons.com Mr. Jenkins's transactional practice focuses on M&A; equity, debt and other corporate fi nancings; and joint ventures. His clients include corporations, investment dealers and banks. He presents frequently on corporate fi nance topics. Johnson, Elizabeth J. Wilson & Partners LLP (416) 869-2414 elizabeth.j.johnson@ ca.pwc.com Managing partner of PwC Canada's affi liated tax law fi rm. Ms. Johnson focuses on M&A transactions, corporate reorganizations and cross- border structuring. She has written extensively on partnership taxation and anti- avoidance rules. Kalbfl eisch, Peter C. Blake, Cassels & Graydon LLP (604) 631-3377 peter.kalbfl eisch@ blakes.com Mr. Kalbfl eisch practises corporate and securities law, with an emphasis on M&A and corporate fi nance. He advises purchasers, targets, vendors and fi nancial advisors on M&A transactions and issuers and under writers on securities off erings. LEXPERT ® RANKED LAWYERS words, retail is a good sector to invest in if you're bullish on the US economy." Canada But will this be mirrored in Canada? Not necessarily. In contrast, says Merci- er, the Canadian economic outlook for 2014 is a little more uncertain. " ere's a booming housing market, but consumer debt levels in Canada are very high. In addi- tion, there's not been much job growth and there is uncertainty as to whether interest rates are going to rise." So the question, says Mercier, "is whether or not the economic uncertainty here will impact retail M&A north of the border, particularly for private equity-buyers." Canada certainly isn't the largest player in the global retail space, but we've got brands that resonate with consum- ers. Should the Cana- dian economy brighten and private equity become more active in retail M&A, it's likely that at least some deals will involve retailers with high-end and niche brands. "Private equity really likes deals where they feel they can grow the brand glob- ally by investing capital and applying their operating expertise," says Mercier. "Good examples of these in Canada are Bain's investment in Canada Goose and Bombardier recreational products, and Highland Capital Partners' investment in Lululemon, and globally you have the recent example of Blackstone investing in Versace." Numbers e reality is that "Canadian retailing is a tough place to be," says Douglas Bryce, a partner with Osler, Hoskin & Harcourt LLP. " e margins are skinny, the com- petition is fi erce, then there's the currency volatility and Canadian consumers seem to be more careful with their wallets than US consumers." Still, it's a numbers game when it comes to large retail M&A transactions, as to just how many take-out candidates there truly are in Canada. In hindsight, suggests Bryce, "2013 may well have been an out- lier year. If you combine the Sobeys/Safe- way, Loblaw/Shoppers and the Hudson's Bay/Saks deals, those three buckets to- gether accounted for signifi cant volume of the M&A activity in the retail sector in 2013. Looking forward, there's a shrink- ing pool of large Canadian-owned retail- ers le and that fact alone is going to put a ceiling on deal volumes." For companies looking to grow their revenue "in the ridiculously competitive retail environment in North America, the "[IN THE US,] RIGHT NOW THERE'S A LOT OF INTEREST IN THE RETAIL SECTOR FROM PRIVATE EQUITY BECAUSE RETAIL IS IN EFFECT A PLAY ON THE US ECONOMY AND THE US CONSUMER. AS THE HOUSING MARKET AND THE ECONOMY IN THE US IMPROVES, CONSUMERS SHOULD SPEND MORE, WHICH SHOULD SHOW UP IN RETAILERS' BOTTOM LINES. IN OTHER WORDS, RETAIL IS A GOOD SECTOR TO INVEST IN IF YOU'RE BULLISH ON THE US ECONOMY." – Vince Mercier, Davies Ward Phillips & Vineberg LLP

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