Share on LinkedInShare on LinkedIn

ARTICLE · 15 OCTOBER 2018

New Immunity And Leniency Programs: Still The Best Deal In Town?

Cassels
Cassels
Contributor
Cassels

Cassels

Cassels Brock & Blackwell LLP is a Canadian law firm focused on serving the transaction, advocacy,...

View firm profile
Explore more from Cassels

It used to be the best deal in town: participants in criminal price-fixing conspiracies could approach the Competition Bureau and receive either complete immunity or leniency in exchange for ratting..

CanadaAntitrust/Competition Law
Cassels Brock & Blackwell LLP
Cassels Brock & Blackwell LLP
Author LinkedIn connections

It used to be the best deal in town: participants in criminal price-fixing conspiracies could approach the Competition Bureau and receive either complete immunity or leniency in exchange for ratting out their co-conspirators.

The Bureau and the Public Prosecution Service of Canada (PPSC) still offer immunity and leniency in exchange for cooperation, but recent changes to the immunity and leniency programs increase the uncertainty faced by participants. As a result, the decision to seek immunity or leniency becomes harder to make; indeed, it is not always the right choice.

Immunity and Leniency for Competition Offences

The concept behind the immunity and leniency programs is simple: the Bureau and the PPSC offer a reward to firms that are prepared to assist with the investigation of criminal offences under the Competition Act. The programs operate on a first-come, first-served basis: the first firm to seek a "marker" is eligible to receive full immunity from

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Cassels On Competition: October 2026

More particularly, the Plaintiff had argued that the drip pricing provision in subsection 52(1.3) of the Competition Act requires “all-inclusive pricing” and forbids all forms of “fragmented or segmented pricing,” and that Ticketmaster’s partitioned price representations are thus prohibited as a criminal conduct and amount to false or misleading representations covered by the criminal misleading advertising provision in section 52
CanadaAntitrust/Competition Law
Cassels
Cassels
Article

Competition Bureau Reaches Consent Agreement With Empire Company Limited Regarding Grocery Property Controls

The Competition Bureau of Canada has entered into a consent agreement with Empire Company Limited, parent of major grocery chains including Sobeys and Safeway, restricting the company's use of property controls that limit competition. This agreement prohibits Empire from enforcing certain restrictive covenants and exclusivity clauses that prevent other grocers from operating nearby, despite Empire's earlier voluntary commitments. The Bureau's action signals heightened regulatory scrutiny of property control
CanadaAntitrust/Competition Law
Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
Article

Pre-Merger Notification Guide: Canada’s Competition Act

This comprehensive guide examines the pre-merger notification requirements under Canada's Competition Act, providing essential information for parties considering transactions that may trigger mandatory filing obligations. The guide outlines the thresholds, procedures, and compliance considerations that businesses must navigate when planning mergers and acquisitions in the Canadian market.
CanadaAntitrust/Competition Law
Davies Ward Phillips & Vineberg LLP
Davies Ward Phillips & Vineberg LLP
Article

Kalibrate Consent Agreement Targets Third-Party Information Sharing As Abuse Of Dominance

On September 24, 2026, the Competition Bureau (Bureau) announced it had entered into a consent agreement with Kalibrate Canada Inc. (Kalibrate) to address concerns regarding Kalibrate’s collection and distribution of detailed retail fuel data through its Kalibrate Market Intelligence product (KMI). More broadly, the matter signals the Bureau’s willingness to challenge information-sharing arrangements under multiple provisions of the Competition Act (Act), including through abuse of dominance where the intermediary itself is alleged to be dominant.
CanadaAntitrust/Competition Law
Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
Article

Canada Announces New Counter-Tariffs And Support Measures Following US Tariff Actions

Canada has announced sweeping counter-tariffs ranging from 15% to 50% on approximately C$27.6 billion of US imports, effective September 8, 2026, in direct response to President Trump's 50% Section 338 tariffs on Canadian goods. The measures target key sectors including steel, aluminum, dairy, appliances, and electronics, while the federal government simultaneously rolls out C$7.5 billion in support for affected businesses and workers. Understanding whether products qualify as US goods under Canada's markin
CanadaInternational Law
Cassels
Cassels
Article

New Can-Do CANDU Energy: Bill C-39 Looks To Reduce Regulatory Burdens And Streamline The Development Of Nuclear Projects In Canada

Bill C-39, the Building Canada Strong Act, proposes significant reforms to Canada's nuclear regulatory framework by restoring impact assessment authority to the Canadian Nuclear Safety Commission and introducing streamlined approval processes. The legislation aims to reduce regulatory duplication, permit preliminary construction activities before final project approval, and establish more constrained timelines for nuclear project assessments. Will these measures be sufficient to support the ambitious growth
CanadaEnergy and Natural Resources
Cassels
Cassels
Article

Bill C-39: A New Era For Canadian Mining Project Approvals?

The Canadian government has introduced Bill C-39, the Building Canada Strong Act, proposing sweeping reforms to federal project approval processes that could fundamentally reshape mining project development and financing. The legislation aims to consolidate multiple federal reviews into a single coordinated process with a one-year decision timeline, while maintaining environmental protections and Indigenous consultation requirements.
CanadaGovernment, Public Sector
Cassels
Cassels
Article

Cassels On Competition: October 2026

More particularly, the Plaintiff had argued that the drip pricing provision in subsection 52(1.3) of the Competition Act requires “all-inclusive pricing” and forbids all forms of “fragmented or segmented pricing,” and that Ticketmaster’s partitioned price representations are thus prohibited as a criminal conduct and amount to false or misleading representations covered by the criminal misleading advertising provision in section 52
CanadaAntitrust/Competition Law
Cassels
Cassels
Article

Substance Over Form: Ontario Court Of Appeal Revisits Employee Classification In Pringle v. Zenova Group PLC

The Ontario Court of Appeal has ruled that contractual labels cannot override the true nature of working relationships, even when workers choose independent contractor status for tax benefits. This decision examines how shareholding in a company intersects with employment status and whether foreign forum selection clauses can prevent Ontario workers from accessing provincial employment protections.
CanadaEmployment and HR
Cassels
Cassels