The CBA Competition Law Section’s Criminal Matters Committee and
the ABA Section of Antitrust Law’s Cartel and Criminal Practice Committee present:

The Bureau's Proposed Changes to the Immunity Program

December 19, 2017 | 12pm - 1:15pm ET
Teleconference

The Competition Bureau has described the Immunity Program as its best weapon for investigating domestic and international cartels. Notwithstanding its current effectiveness, the Bureau has proposed a number of significant changes to the program, and has released a revised version of the program for consultation and input from the bar. The Bureau has stated that the purpose of these amendments is to increase “transparency and predictability” in criminal investigations, and to improve the “prosecution-readiness” of the Bureau and the Public Prosecution Service of Canada by requiring an immunity applicant to provide “credible and reliable evidence” of an offence earlier in the immunity process. However, these amendments appear to create new burdens and risks for potential immunity applicants, such as proposed changes that contemplate the recording of proffers and the video-taping of witness interviews. In addition, the Bureau has proposed a new interim grant of immunity (an “IGI”) and a new regime to test privilege claims over external counsel’s investigative work product. This joint CBA and ABA panel will also explore the implications of these proposed changes (some of which are already in effect) for domestic and international cartel cases and will solicit input for the purposes of the CBA’s upcoming commentary on these changes in January, 2018.

MODERATOR
Christopher Naudie (Osler, Hoskin & Harcourt, Toronto)

SPEAKERS
Katherine Kay (Stikeman Elliott, Toronto)
Randy Hughes (Bennett Jones, Toronto)
Mark Rosman (Wilson Sonsini Goodrich & Rosati, Washington, D.C.)