The Canadian Approach To Corporate Criminal Liability For Antitrust Offenses

Article by Guy Pinsonnault¹ and Pierre-Christian Collins Hoffman²

Introduction

Organizations in both Canada and the U.S. have to be diligent in taking steps to prevent the perpetration of antitrust offenses by their members, such as implementing and applying effective compliance programs. Indeed, their representatives' criminal behavior may lead to the imposition of substantial fines, reputational damage, government contract debarment, and decrease in stock price. Between jurisdictions, however, the likelihood of being convicted for criminal antitrust offenses varies greatly, ranging from vicarious liability (pursuant to which the employer is liable for the wrongdoings of any employee) to the opposite end of the spectrum, where only a "directing mind" or alter ego of the organization may engage the criminal liability of the organization.³