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Ontario Court Orders Production of Certain Proffer Information to Accused Co-Conspirators

February-13-2015

Area Corporate and Commercial, Litigation, Competition, Antitrust and Foreign Investment

Summary

The recent decision of the Ontario Superior Court of Justice in the ongoing “Chocolate” price-fixing conspiracy case may have important implications for companies seeking immunity or leniency from the Competition Bureau for price-fixing conspiracies.  In R. v. Nestle Canada Inc., the Court held that “factual information” provided to the Competition Bureau through the “proffer process” when applying for immunity or leniency must be produced to the accused co-conspirators in subsequent criminal proceedings. As a result of this decision, companies considering applying for immunity or leniency or conducting an internal investigation should give early and careful consideration to how they approach the application process and internal investigation.

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