Young Competition Lawyers Initiative of the Canadian Bar Association’s National Competition Law Section Presents: AN INTRODUCTION TO CRIMINAL CONDUCT AND INVESTIGATIONS December 4, 2008 Adam Fanaki, Special Counsel to the Commissioner of Competition Randy Hughes, McCarthy Tétrault LLP

Overview of Cartel Enforcement in Canada Sections 45, 46 and 47 – elements and penalties; Commissioner, DPP and Criminal Matters Branch; Enforcement priorities of Competition Bureau.

How is Conduct Detected? Internal audit/corporate compliance program; Employee admission; Invitation to join ongoing cartel; Contact from Competition Bureau; Execution of search warrant or other compulsory process (in Canada or other jurisdictions).

Internal Investigation Review and preserve records/document preservation letter from Bureau; Conduct employee interviews - consider separate legal counsel; International coordination for multinational companies; Be mindful of civil litigation; Assessment of the evidence / decision for further action; Need to act quickly.

Immunity Program Immunity application: steps and requirements; Substantial cooperation obligations; Coordination with agencies in other jurisdictions.

Leniency Program Competition Bureau Draft Information Bulletin on Sentencing and Leniency in Cartel Cases released for public consultation on April 28, 2008; Leniency application: (proposed) steps and requirements; Substantial cooperation obligations; Proposed sentencing guidelines.

International Considerations Coordination, cooperation and information sharing amongst agencies/ waivers; Jurisdictional issues/ extradition; Defence coordination/ negotiation of resolutions across jurisdictions; Assess civil litigation exposure/issues across jurisdictions.