The Marker: June 2017

  • June 09, 2017

Message from the Committee Chair

By Antonio Di Domenico

We are pleased to present another edition of The Marker, a definitive source for Canadian criminal competition law developments and analysis. We hope you enjoy the articles.

The Marker is only one means by which the Criminal Matters Committee attempts to contribute to the stellar work of the Section. We developed and offered six seminars this year, ranging from introductory topics to interactive discussions of advanced issues. The majority of these programs were run jointly with other Section Committees and our ABA counterpart, the Cartel and Criminal Practice Committee. Other events included our traditional Town Hall and Roundtable with the Competition Bureau. Many thanks to our executive – Chris Naudie, Litsa Kriaris and Pierre-Yves Guay – for their outstanding contributions this year.

We always welcome new contributions to The Marker and to the Criminal Matters Committee as a whole. Please be in touch.

I would like to join with our Editor, Litsa Kriaris, in thanking our contributors to this edition of The Marker, and extend my personal thanks to Litsa for putting this all together.

Antonio Di Domenico is a partner with Fasken Martineau DuMoulin LLP

Message from the Editor

By Evangelia Litsa Kriaris

After a bit of a break, we are back with another edition of our Committee’s newsletter, The Marker, which is being released in a new, and more accessible, electronic format. 

This latest edition features two outstanding articles that address issues that are not only significant, but timely. We would like to thank the authors for their contributions. 

In Privilege and Waiver: Disclosure Requirements for Parties in the Competition Bureau's Immunity and Leniency Programs, Randal T. Hughes, Emrys Davis and Ethan Z. Schiff of Bennett Jones LLP discuss key considerations that parties, and their counsel, should contemplate in determining whether to participate in the Competition Bureau’s immunity and leniency programs and possible steps to take after entering these programs, in light of the decision of the Ontario Superior Court of Justice in R v NestlĂ© Canada Inc., 2015 ONSC 810.

In Commissioner of Competition Continues to Pursue Second Generation Cooperation Agreements: Recent Developments, Subrata Bhattacharjee and Gregory McLean of Borden Ladner Gervais LLP discuss the Competition Bureau’s identification of second generation cooperation agreements as a priority in its 2017-2018 Annual Plan and explore two such agreements the Commissioner of Competition recently entered into with the New Zealand Commerce Commission (in 2016) and the Japan Fair Trade Commission (in 2017).

We hope that you enjoy this edition of The Marker. We encourage all of our readers and members to get involved in the Committee and we are always interested in your thoughts, comments and contributions. If you would like to contribute to a future edition of The Marker, please feel free to contact any member of the Criminal Matters Committee executive.

Evangelia Litsa Kriaris is an associate Blake Cassels & Graydon LLP

Commissioner of Competition continues to pursue second-generation cooperation agreements: Recent developments

Privilege and waiver: Disclosure requirements for parties in the Competition Bureau's Immunity and Leniency Programs