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ARTICLE · 10 OCTOBER 2018

Updated Canadian Cartel Immunity And Leniency Program

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The Commissioner of Competition, who is the head of the Bureau, is responsible administering and enforcing of Canada's Competition Act (the "Act"), including its criminal cartel provisions.

CanadaAntitrust/Competition Law
Justine Johnston
Justine Johnston
David Rosner
David Rosner
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An updated cartel immunity and leniency program (the "Program") has been issued in Canada. Key takeaways for businesses and international practitioners are as follows:

  • Under the Program, companies and individuals that self-report unlawful conduct (e.g., cartels) in Canada can benefit from (i) immunity from prosecution or (ii) leniency in the form of a significant reduction in the amount of the recommended fine.
  • While the process of applying for immunity or leniency can be "paperless", the Canadian Competition Bureau (the "Bureau") may record witness interviews. Plaintiffs might seek disclosure of these recordings from the Bureau in follow-on litigation.
  • A final grant of immunity may be delayed until long after an applicant has provided full cooperation.

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