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ARTICLE · 18 NOVEMBER 2015

The Crown Wraps Up Chocolate Case

Blake, Cassels & Graydon LLP
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Earlier today, the Crown stayed charges against Nestlé Canada Inc. and one of the company's former executives, in the long-standing prosecution of Canadian chocolate manufacturers under section 45 of the Competition Act.

CanadaAntitrust/Competition Law
Robert Kwinter
Robert Kwinter
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Earlier today, the Crown stayed charges against Nestlé Canada Inc. and one of the company's former executives, in the long-standing prosecution of Canadian chocolate manufacturers under section 45 of the Competition Act. This follows the staying of charges a couple of months ago against the other accused parties in this matter, which included Mars Canada Inc., ITWAL Ltd., and certain individuals. One party to the alleged conduct had obtained immunity in the matter and another had pled guilty and paid a fine of C$4-million. The staying of the charges against all remaining defendants closes a case that has been ongoing since 2007.

The case is of interest in that it has provided some helpful guidance on the Crown's disclosure obligations relating to information received from parties that participate in the Competition Bureau's (Bureau) Immunity or Leniency Programs. These programs allow parties to obtain immunity from prosecution (no fines or jail terms) if they are the

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