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ARTICLE · 21 NOVEMBER 2018

Cartel Enforcement: Fundamental Changes On The Way As Competition Bureau Publishes New Immunity And Leniency Bulletin

McCarthy Tétrault
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Earlier this year, we reported that fundamental and controversial changes were on the horizon for the Competition Bureau's (the "Bureau") Immunity and Leniency Programs (the "Programs").

CanadaAntitrust/Competition Law
Competition/Antitrust & Foreign Investment Group
Competition/Antitrust & Foreign Investment Group
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Earlier this year, we reported that fundamental and controversial changes were on the horizon for the Competition Bureau's (the "Bureau") Immunity and Leniency Programs (the "Programs"). On September 27, 2018, these changes came into effect with the Bureau's release of a newly published bulletin (the "Bulletin"), which follows two rounds of public consultations. According to the Bureau and the Public Prosecution Service of Canada (the "PPSC"), the changes are intended to improve Canada's detection, investigation and prosecution of criminal violations of the Competition Act (the "Act").1

As will be discussed, the new changes carry with them increased burdens and uncertainties for applicants. As such, applicants should very carefully assess the risks and benefits of participating in the Programs before communicating with the authorities.

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