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ARTICLE · 12 JULY 2019

Cooperating Witnesses Not Confidential Informers - Competition Bureau Updates Immunity And Leniency Programs Under The Competition Act

McMillan LLP
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The Immunity and Leniency Programs under the Competition Act[1] are powerful tools employed by the Competition Bureau and the Public Prosecution Service of Canada ("PPSC")

CanadaAntitrust/Competition Law
Guy Pinsonnault
Guy Pinsonnault
Jamieson Virgin
Jamieson Virgin
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Introduction

The Immunity and Leniency Programs under the Competition Act1 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.2  The Bureau has described the Immunity Program as its “single most powerful means of detecting criminal activity”3 and has said the Programs are “unmatched”4 in their contributions toward effective enforcement. 

On March 15, 2019, the Bureau and the PPSC updated the Programs to reflect the evolving legal and enforcement landscape.5  This bulletin discusses those updates, and a recent court decision that may have been a catalyst for the updates.  

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The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.

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