Guy Pinsonnault is recognized as an authority in competition and antitrust law and white collar defence. He advises clients on compliance with Canadian business regulations, and represents them in litigation with a focus on Canadian and international cartel and commercial crime matters. Guy’s clients represent a range of industries, including the automotive, construction and media, communications and entertainment sectors.
Appearing before superior courts, the Federal Court, Québec’s Court of Appeal and the Supreme Court of Canada, Guy is consistently recognized as a leading competition / antitrust litigator and legal advisor by a variety of legal directories.
Guy’s extensive criminal law and competition law experience includes local, national and cross-border corporate crime investigations relating to allegations of foreign corrupt practices, fraud, commercial crime and other white collar offences. His work includes multijurisdictional files for the Competition Bureau with the United States Department of Justice Antitrust Division, as well as the RCMP Commercial Crime Division, the Integrated Proceeds of Crime Unit and Québec’s permanent anti-corruption unit (UPAC).
Prior to joining McMillan, Guy was the general counsel of the Competition Law Section, Public Prosecution Service of Canada, where he focused on the prosecution of criminal cartel matters as well as bid-rigging and fraudulent misrepresentation. He also advised on Competition Bureau policies and practices relating to search and seizure, wiretaps, immunity and plea agreements.
Approved as an independent third-party under the federal Integrity Regime, Guy provides expert advice to Public Services and Procurement Canada (PSPC) on competition law and the fraud sections of the Criminal Code.
The Proper Boundaries of Criminal Enforcement and the Rise of Domestic Cartel Enforcement panelist, CBA Competition Law Fall Online SymposiumOctober 2020
Proposed Moderator Questions for the Criminal Deceptive Marketing Practices, Brownbag Session Panelist, Canadian Bar Association - TeleconferenceNovember 2019
Remediation/deferred prosecution agreements, monitor appointments, leniency programs & other investigation resolution outcomes Discussion Leader Northwind's 2nd Internal and Enforcement Investigations Invitational Forum, Cambridge, OntarioJune 2019
The Uncertain State of Immunity & Leniency Panelist CBA Competition Law Spring Conference, Toronto, OntarioMay 2019
The state of leniency Panelist GCR Live - 4th Annual Cartels, Washington, DCMarch 2019
ICN Cartel Workshop 2018 Mini Plenary 8: Fines – finding the right balance, Non-Governmental Advisor Moderator International Competition Cartel Working Group, Tel Aviv, IsraelOctober 2018
2017-2018 ICN Cartel Working Group – SG1 Speaker Webinar on Parental LiabilityMarch 2018
ICN Cartel Workshop 2017 Breakout Session #11 - When civil servants go bad: what to do when a government procurement agency is involved in big-rigging Panelist, Non-Governmental Advisor International Competition Cartel Working Group, Ottawa, OntarioOctober 2017
Parental Liability Speaker ICN CWG SG1 WebinarSeptember 2017
Whither Section 45? Criminal Conspiracies Under the Microscope Speaker CBA Competition Law Spring Conference, Toronto, OntarioMay 2017
Guilty Pleas 101 – The Nuts and Bolts of Guilty Pleas Panelist CBA Criminal Matters Committee Brown Bag Session, TeleconferenceJanuary 2017
La Responsabilité des Organisations Panelist Édition Blais, Montréal, QuébecNovember 2016
A Time for a Reboot? Exploring a Fresh Approach to Immunity and Leniency Programs Speaker CBA Competition Law Fall Conference, Ottawa, OntarioOctober 2016
CBA Speed Mentoring Participant Competition Law Fall Conference, Ottawa, OntarioOctober 2016
Mini Plenary 3: NGA panel: Role of NGAs in advising leniency applicants in multinational cartel cases Non-governmental Advisor Panelist Activities of the International Competition Cartel Working Group, Cartagena, ColumbiaOctober 2015
Beyond the Boarders: Emerging Issues in Business Litigation Seminar, Crossing the Line When Crossing the Border: The Canadian and US Approaches to Combating Foreign Corruption Speaker conference hosted by DRI, The Voice of Defense Bar, Toronto, OntarioJune 2015
Search Warrants and Inspections: How You Can Reduce Risk and Be Ready to Respond? Speaker McMillan Client webinar on Search Warrants and InspectionsNovember 2014
Developing Effective Relations with Public Prosecutors – The Canadian Experience Non-Governmental Advisor Panelist Activities of the International Competition Cartel Working Group, Taipei, TaiwanOctober 2014
Section 45 - Auto-Parts and Other Recent Developments Moderator Fall Conference session in 2014, Ottawa, OntarioSeptember 2014
Cartel et collusion : perspectives pratiques Speaker Laval University, Ville de Québec, QuebecFebruary 2014
Section 45 (3) of the Competition Act: Use of Circumstantial Evidence to Prove Conspiracy Panelist, Non-Governmental Advisor International Competition Cartel Working Group, Cape Town, South AfricaOctober 2013
Making the Settlement Stick Presenter WebcastOctober 2013
“Canada narrows Postmedia/Torstar deal to criminal probe“, Global Competition Review, December 05, 2018
Rankings & Recognition
- Recognized by Chambers Global (2021) as a leading lawyer in the area of Competition / Antitrust: Litigators
- Recognized by the Best Lawyers in Canada (2021) as a leading lawyer in the area of Competition / Antitrust Law
- Listed in Who’s Who Legal: Canada 2020 as a leader in Competition
- Recognized by Chambers Canada (2021) as a leading lawyer in the areas of Competition / Antitrust: Litigators and White Collar Crime & Government Investigations
- Recognized in the 2020 Canadian Legal Lexpert Directory as a Consistently Recommended in the area of Competition Law
- Recognized by Chambers Global (2020) as a leading lawyer in the area of Competition / Antitrust: Litigators
- Listed in Who’s Who Legal: Canada 2019 as a leader in Competition
- Recognized by Chambers Canada (2020) as a leading lawyer in the area of Competition / Antitrust: Litigators
- Recognized by Best Lawyers in Canada (2020) as a leading lawyer in the area of Competition / Antitrust Law
- Recognized in the 2019 Canadian Legal Lexpert Directory as a Repeatedly Recommended lawyer in the area of Competition Law
- Recognized by Chambers Global (2019) as a leading lawyer in the area of Competition / Antitrust: Litigators
- Recognized by Chambers Canada 2019 as a leader in Competition/Antitrust
- Named the Best Lawyers 2019 Competition / Antitrust Law “Lawyer of the Year” in Ottawa
- Recognized in Best Lawyers in Canada (2019) as a leading lawyer in the area of Competition/Antitrust Law
- Listed in Who’s Who Legal Canada: 2018 as a leader in Competition
- Recognized in the 2018 Canadian Legal Lexpert Directory as a Repeatedly Recommended lawyer in the area of Competition Law
- 2016 Bill Miller Memorial Award for Contributions to the Canadian Competition Law Review.
- Governor of the Fondation du Barreau du Québec
- Recognized in Best Lawyers in Canada 2018 as a leading lawyer in the area of Competition/Antitrust Law
- Recognized in Who’s Who Legal: Canada 2017 as a leading lawyer in the area of Competition
- Recognized in the Canadian Legal Lexpert Directory 2017 as a repeatedly recommended in the area of Competition Law
- Recognized in Best Lawyers in Canada 2017 as a leading lawyer in the area of Competition/Antitrust Law
- Recognized in Who’s Who Legal: Canada 2016 as a leading lawyer in the area of Competition
- Recognized in the Canadian Legal Lexpert Directory 2016 as a leading lawyer in the area of Competition Law
Directorships & Affiliations
- Appointed to the Long Range Planning Committee, Antitrust Law Section of the ABA
- Past Chair, Criminal Matters Committee, Canadian Bar Association, Competition Law Section (2015-2016)
- American Bar Association – Member of the Section’s International Cartel Task Force
- Appointed Non-Governmental Advisor (NGA) to International Competition Network – ICN Cartel Working Group (2012-2018)
Education & Admissions
- “Anti-Corruption 2021 (Canada Chapter)” Chambers and Partners (January 2021)
- “Anti-Corruption 2019 Second Edition (Canada Chapter),” Chambers and Partners (December 2019)
- “Anti-Corruption 2019 Guide,” Chambers and Partners (December 2018)
- “Deferred Prosecution Agreements: Improving Corporate Compliance in Canada,” IBA Anti-Corruption Committee Website (October 2018)
- “A New Deferred Prosecution Agreement Regime in Canada,” The Lawyers Daily – LexisNexis (September 2018)
- “Recent Trends and Developments under Canada’s Corruption of Foreign Public Officials Act,” International Trade Bulletin (November 2015)
- “The Canadian Approach to Corporate Criminal Liability for Antitrust Offenses,” American Bar Association Section of Antitrust Law, Cartel & Criminal Practice Committee Newsletter – Spring 2015 (March 2015)
- “Warrantless Searches of Cell Phones upon Arrest are Lawful in Canada – but Strict Safeguards Apply,” Canadian Privacy Law Review, Vol. 12, No. 3 (February 2015)
- “R v. Pétroles Global: The First Judgment in a Decade to Apply the New Canadian Corporate Criminal Liability Regime,” The Marker, Criminal Matters Committee of the CBA National Competition Law Section (June 2014)
Insights by Guy Pinsonnault (25 Posts)
The Canadian government has placed the Proud boys on the list of terrorist entities. This announcement has certain key implications for Canadian companies.
As the world grapples with the unprecedented health and economic challenges arising from the corona virus pandemic, competition law enforcement agencies will have further challenges in deploying scarce resources.
Deferred Prosecution Agreements: The Continued Use of DPAs in the Antitrust Sphere in the United StatesJan 19, 2021
In this bulletin, we discuss the deferred prosecution agreement recently entered into by Argos USA LLC with the United States Department of Justice.
SCC Holds Section 12 Charter Protection Against “Cruel or Unusual Treatment or Punishment” Not Applicable to CorporationsNov 10, 2020
Summary of the recent Supreme Court of Canada decision of Quebec (Attorney General) v. 9147-0732 Québec inc. and implications on corporate liability.
Cooperating Witnesses not Confidential Informers – Competition Bureau Updates Immunity and Leniency Programs under the Competition ActJul 20, 2020
The Immunity and Leniency Programs under the Competition Act are powerful tools employed by the Competition Bureau and the Public Prosecution Service of Canada (“PPSC”) in the detection and prevention of criminal anti-competitive behaviour.
This bulletin describes the benefits and growing acceptance of deferred prosecution agreements in relation to American antitrust offences.
COVID-19: “Essential” Information About the Consequences of Continuing to Operate a “Non-Essential Business” in Ontario and QuébecMar 25, 2020
An outline of the potential consequences to continuing to operate a business ordered to close by the governments of Quebec and Ontario.
Canadian organizations and prosecutors continue to wait to see how Canada’s deferred prosecution regime will play out (see our July 2018 bulletin for an overview of the legislation).
This bulletin describes recently issued Guideline 3.21 on remediation agreements and compares Canadian deferred prosecution guidance with other jurisdictions.
Cartel activity is the top enforcement priority for virtually every competition agency. Leniency programs continue to evolve and coordination between agencies on international cases is increasing.
Deferred prosecution agreements (“DPA”) have been a hot topic lately, owing largely to the attention that the agreements have received in relation to the SNC-Lavalin prosecution.
This 19th edition of Cartel Regulation provides the most current and comprehensive information available about anti-cartel laws and enforcement around the world.
Bid rigging and fraud in order to obtain public contracts will result in mandatory prison sentences when the contract is of high value.
Deferred Prosecution Agreements (“DPAs”) became household conversation in 2018 when Canada’s Director of Public Prosecutions (the “DPP”) declined to pursue a DPA in the SNC-Lavalin prosecution.
Canada Announces the Creation of the Remediation Agreement Regime and Improvements to the Integrity Regime to Tackle Corporate CrimeMar 29, 2018
Canada Announces the Creation of the Remediation Agreement Regime and Improvements to the Integrity Regime to Tackle Corporate Crime
Anti-Cartel laws are pillars of competition regime with unilateral conduct provisions and merger control. The 2018 Cartel Regulation provides information about anti-cartel laws and enforcement
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, 2017Jan 1, 2018
Several proposed revisions to Immunity Program under the Competition Act will have unintended but serious consequence of decreasing applications for immunity
Foreign Corruption: Canada Makes "Facilitation Payments" Illegal
Rigging the Bid: Finding Fraud in a Regulated Setting
FCPA Declination Letters and Corporate Criminal Liability: What Can Be Learned From the U.S. ApproachApr 28, 2017
FCPA Declination Letters and Corporate Criminal Liability: What Can Be Learned From the U.S. Approach
Getting the Deal Through – Cartel Regulation 2017
Impacts of the Supreme Court’s Decision in R v Anthony-Cook on the Certainty of Plea Agreements and Jointly Proposed SentencingNov 14, 2016
Impacts of the Supreme Court's Decision in R v Anthony-Cook on the Certainty of Plea Agreements and Jointly Proposed Sentencing
Fraud in Regulated Settings: Detrimental Reliance by the Victim not always Required
Recent Trends and Developments under Canada's Corruption of Foreign Public Officials Act
The Canadian Approach to Corporate Criminal Liability for Antitrust Offenses
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