A Canadian Court clarifies Competition Bureau disclosure obligations in cartel prosecutions (R / Nestlé Canada)

Canadian Court Clarifies Competition Bureau Disclosure Obligations in Cartel Prosecutions* On February 4, 2015, the Ontario Superior Court of Justice ruled that relevant factual information proffered to the Crown in order to qualify for immunity or leniency under the Competition Bureau’s cartel Immunity and Leniency Programs is not protected from disclosure to accused persons by either solicitor-client or settlement privilege. The Court’s decision clarifies the robust nature of the Crown’s disclosure obligations in competition law prosecutions deriving from immunity or leniency applications, and confirms the lack of any legitimate expectation of confidentiality vis-à-vis accused persons that immunity or leniency applicants can have concerning factual information they share with the

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Authors

  • Davies Ward Phillips & Vineberg (Toronto)
  • Davies Ward Phillips & Vineberg (Toronto)

Quotation

Mark C. Katz, Charles Tingley, A Canadian Court clarifies Competition Bureau disclosure obligations in cartel prosecutions (R / Nestlé Canada), 4 February 2015, e-Competitions Bulletin February 2015, Art. N° 71412

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