Competition, Cartels and Canada - Courts are Putting Leniency Agreements at Risk

Today's General Counsel | MARCH 20, 2013
Nikiforos Iatrou

Antitrust agencies in the United States and Canada have programs designed to encourage cartel participants to alert the authorities about the existence of a cartel, and to cooperate in the ensuing investigation and prosecution of other cartel participants. In exchange, the cooperating parties receive immunity from prosecution, or leniency in the form of lower recommended sentences.

A recent case of the Federal Court of Canada, R. v. Maxzone Auto Parts (Canada) Corp., has indicated that obtaining court approval of sentences determined under the Canadian Leniency Program is less certain than antitrust lawyers had previously thought.

Download the article to find out more about this case and the important implications for companies that operate in Canada or supply products into Canada.