A Canadian Court holds that information received by the Competition Bureau at the proffer stage of its immunity and leniency programs is not protected from disclosure to other accused persons by settlement privilege (R / Nestlé Canada)

Proffers to Competition Bureau must be disclosed to accused, court says* Information received by the Competition Bureau at the proffer stage of its Immunity and Leniency Programs is not protected from disclosure to other accused persons by settlement privilege, the Ontario Superior Court of Justice recently held in R. v. Nestlé Canada Inc. Chocolate bar makers accused of chocolate price fixing Chocolate bar makers Nestlé Canada Inc. and Mars Canada Inc., and several executives, were charged with numerous counts of price fixing contrary to the Competition Act after an investigation by the Competition Bureau. As part of its investigation, the Bureau received information from two other chocolate bar makers, Cadbury Canada Inc. and Hershey Canada Inc. Cadbury told the Bureau about an

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Wendy Sun, A Canadian Court holds that information received by the Competition Bureau at the proffer stage of its immunity and leniency programs is not protected from disclosure to other accused persons by settlement privilege (R / Nestlé Canada), 4 February 2015, e-Competitions Bulletin February 2015, Art. N° 71838

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