Digital Brain
digital brain
digital brain

Proposed Changes to the Competition Bureau’s Immunity Program Will Undermine Effective Cartel Enforcement in Canada – Comments of McMillan LLP on the Consultation Draft dated October 26, 2017

McMillan LLP believes that several proposed revisions to the Immunity Program under the Competition Act will have the unintended but serious consequence of decreasing applications for immunity and undermining the effectiveness of anti-cartel enforcement in Canada.

The provisions relating to (a) recording of proffers, (b) individual identification of potentially culpable corporate personnel, (c) more frequent and earlier use of recorded interviews, and (d) the apparent requirement to disclose privileged internal investigation work-product, will create substantial disincentives for Canadian companies to assist the Competition Bureau and the Public Prosecution Service of Canada by self-reporting illegal conduct in exchange for immunity from prosecution. The requirements are particularly incompatible with international cartel investigations and will discourage companies that are self-reporting in the United States, European Union and other jurisdictions from making parallel applications in Canada.

These changes are not necessary for effective investigation and prosecution of cartel conduct. While prosecutors may consider that such changes would make it easier to prosecute contested cases, the likely result will be that significantly fewer cartels are actually investigated and prosecuted.

For the full article, please click here.

 

Insights (5 Posts)

Featured Insight

Certified Today, Dismissed Tomorrow: Ontario Court Dismisses Automotive Class Action after Successful Certification

An Ontario court has dismissed a proposed class action against an automobile manufacturer on the merits for alleged false claims after certification.

Read More
Jun 29, 2022
Featured Insight

Forecast 2022: Expected Changes to the Canadian Patent Rules (Part 2)

Canadian patent practices related to "excess claim fees" and RCEs come into force on October 3, 2022. Is your business ready?

Read More
Jun 29, 2022
Featured Insight

Round One of Competition Act Amendments Passed; National Security Review Regime Amended

New amendments to the Competition Act were passed today as part of the budget implementation bill.

Read More
Jun 27, 2022
Featured Insight

Privacy Reform is on the Table Once More: Canada Introduces the Digital Charter Implementation Act, 2022

New federal privacy legislation has been introduced. If passed, Bill C-27 will materially change the legal landscape for privacy and data protection in Canada.

Read More
Jun 22, 2022
Featured Insight

Plan for the Ban: Canada Announces Timeline for Single-Use Plastics Prohibition

Canada's final Single-use Plastics Prohibition Regulations have been published and come into effect on December 20, 2022

Read More
Jun 22, 2022