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ARTICLE · 23 SEPTEMBER 2013

Blowing The Whistle On Cartels In Canada

Cartel enforcement in Canada is heavily dependent on the use of informants.

CanadaAntitrust/Competition Law

Cartel enforcement in Canada is heavily dependent on the use of informants. This is explained by two principal factors: first, cartel conduct is, by its very nature, secretive and carried out in the shadows of business life. Second, Canada's Competition Bureau, which is responsible for investigating cartels, is subject to budget constraints that limit its ability to expose and detect cartel conduct on its own.

In recognition of these realities, the Competition Bureau employs several tools to encourage informants to come forward with incriminating evidence. The best known of these tools is the Bureau's Immunity/Leniency program, where the Bureau will recommend favourable prosecution and sentencing treatment for parties who come forward with evidence of cartel conduct in which they are involved. This favourable treatment will vary depending upon the timeliness of the information and cooperation provided. For example, parties who are "first in" to report a cartel may be

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