Law Times - Newsmakers

top newsmakers Melanie Aitken surprises profession as she bows out early Commissioner of competition wraps up controversial stint at bureau M By Heather Gardiner satisfied with the work it accomplished. elanie Aitken — often referred "I felt after three years we had largely got to as a champion for the little that on a good track and it was time for someguy — surprised a few people body else to take it to the next step," she says. as she cut her five-year term "Personally, it was also the right time. I short when she stepped down as competition was in Ottawa for seven years and I came to commissioner on Sept. 21. Ottawa for the career opportunity, and so it During her three years at the helm of the was just time for me to complete my time Competition Bureau, she made numerous there having done what I felt I'd been asked — and often controversial —  changes as she to do and to move on to the next chapter of spent more time on consumer issues than my life." some of her predecessors had done. As for what that new chapter would entail, Some competition lawyers were critical of Aitken hadn't yet made a move by press time. the way she conducted business and someShe says she took a few weeks to regroup and what frustrated with the level of unpredictspend more time with her family, particularly ability. her young sons. "She made things very difficult to predict. 'I felt after three years we had largely got Now that she's splitting her time between A touchstone of the bureau has been predictthat on a good track and it was time for Toronto and Washington, D.C., Aitken says ability and that's important so you can adsomebody else to take it to the next step,' she'll have more options. vise clients so they know what to expect, but says Melanie Aitken. "At this point, I'm still narrowing it down there was a large element of unpredictability with her as she took personal interest in certain files," said one se- and just trying to make sure I make the best decision," she says. "But being based in both cities offers an open depth and perhaps nior competition lawyer at a large national law firm. During her time at the bureau, Aitken took on several conten- unique opportunities for me and for the market and so I think the tious issues. She targeted the real estate industry's multiple listing challenge and the excitement is trying to figure out what is the best service, for example, before eventually reaching a settlement with opportunity at this point." Aitken first joined the bureau in 2005 as assistant deputy comthe Canadian Real Estate Association. She also took issue with Visa and MasterCard's credit-card pro- missioner of competition and became senior deputy commissioner grams and raised concerns about airlines and the telecommunica- in 2007. She served as interim competition commissioner from January to August 2009 when she took on the role for a full term. tions sector. Prior to her work at the bureau, Aitken was a commercial litiAt the end of October, Air Canada and its U.S. partner, United Continental Holdings Inc., reached a deal with the bureau regard- gation partner at Bennett Jones LLP. From 2001 to 2003, she was ing a proposed joint venture to merge operations on several Cana- senior counsel at the Department of Justice on secondment from her position at Davies Ward Phillips & Vineberg LLP in Toronto. da-U.S. routes. Shortly before Aitken's departure, Gowling Lafleur Henderson Aitken also challenged the country's largest telecommunications companies, including Bell Canada, in the summer of 2011 for LLP partner Kelley McKinnon joined the bureau as senior deputy misleading advertising and launched a $30-million action against commissioner of the mergers branch for a two-year term. She's curBell, Rogers Communications Inc., and Telus Communications rently taking a leave of absence from Gowlings, where she's head of the securities litigation practice. Co. for misleading texting services. On Sept. 26, John Pecman became interim competition comShe was able to make these sweeping changes after the federal government amended the Competition Act in 2009 to give the missioner for up to a year. Pecman first joined the bureau in 1984. bureau more power to hold companies accountable for breaking He had held his most recent position, senior deputy commissioner of the criminal matters branch, since 2008, a role in which he overthe law. When she stepped into her new role, Aitken says she had clear saw the retail gasoline cartel investigations in Ontario and Quebec. goals about how to renew enforcement at the bureau and notes she's He was also lead officer on the Superior Propane merger. 4 December 2012

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