The Antitrust Review of the Americas 2009

Canada: Cartels and Leniency

01 January 2009

Canada's Immunity Program, originally released by the Competition Bureau (the Bureau) in September 2000 and then overhauled in October 2007, has been a highly effective enforcement tool, encouraging early disclosure of competition offences that may otherwise be difficult to detect, such as international cartels. Under the programme, immunity from prosecution is available to the first party to disclose evidence of criminal anti-competitive activity of which the Bureau was either not aware or may not be in a position to prosecute effectively without cooperation from a participant in the illegal conduct. In practice over the past seven years, the procedures and considerations employed by the Bureau under the programme closely resemble those of the US Amnesty Program.

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