Author Archives: Mark Warner

Mark Warner was interviewed on BNN about the antitrust / competition notification and approval issues in the announced $38 Billion merger between the two leading Canadian potash producers, Potash Corp. of Saskatchewan Inc. and Agrium Inc. (September 12, 2016) The merged firm would create a company with more than 46% of North American potash production volume or 62% of potash capacity, 30% of phosphate production capability and 29% of nitrogen capacity. Mark, a Canadian and U.S. attorney, has advised clients on international competition and trade matters in the potash industry in the past. Mark is a past Chair of the International and Economics Committees of the American Bar Association Section of Antitrust Law as well as a member of various Section Task Forces and has been listed in the Euromoney / International Financial Law Review Guide to the World’s Leading Competition lawyers. In 2015, Mark was elected a Fellow of the American Bar Foundation. Mark is also a former Acting Legal Director of the Ontario Ministry of Consumer Services and was responsible for prosecutions under the Consumer Protection Act (Ontario).

Mark Warner was interviewed on BNN about trade and investment issues  in the Canadian Prime Minister Justin Trudeau’s his first official visit to China. (September 2, 2016) In particular, Mark commented on Canada’s decision to apply to join the Asian Infrastructure Investment Bank (AIIB), the prospects for a Canada-China free trade agreement, ongoing bilateral trade disputes (e.g. canola “dockage”) and significant commercial contracts and agreements signed between Canadian and Chinese companies relating to auto parts manufacturing, autonomous vehicle R&D, coal gasification and private equity and venture capital investment in North American (primarily Canadian) companies in the health sciences, cleantech, technology, media and telecommunications, foods and agriculture, and energy sectors .

Mark was Legal Director of the Ontario Ministry of Economic Development & Trade and the Ministry of Research & Innovation providing strategic legal advice with respect to the Ontario’s economic development, research and innovation grants and loans to individuals, corporations and academic institutions in addition to advising on trade negotiations and trade and investment disputes. Mark  was responsible for the legal support for the creation of the Ontario Capital Growth Corporation, the $250 million Ontario Emerging Technologies Fund and the $205 million Ontario Venture Capital Fund. Mark, a Canadian and U.S. lawyer, has advised governments on trade policy and trade negotiations and previously worked on trade and competition issues as counsel in the OECD Trade Directorate. Mark has been an adviser to the Governments of Cambodia, Indonesia, Thailand and Vietnam on competition and trade policy and at the invitation of the U.S. Department of State lectured in five cities in Japan on international antitrust law and policy.

Mark Warner was interviewed on Bloomberg TV Canada and the Financial Post about the antitrust / competition notification and approval issues in the potential merger between the two leading Canadian potash producers, Potash Corp. of Saskatchewan Inc. and Agrium Inc. (August 30, 2016)  The merged firm would create a company with more than 46% of North American potash production volume or  62% of potash capacity, 30% of phosphate production capability and 29% of nitrogen capacity. Mark, a Canadian and U.S. attorney, has advised clients on international competition and trade matters in the potash industry in the past. Mark is a past Chair of the International and Economics Committees of the American Bar Association Section of Antitrust Law as well as a member of various Section Task Forces and has been listed in the Euromoney / International Financial Law Review Guide to the World’s Leading Competition lawyers.  In 2015, Mark was elected a Fellow of the American Bar Foundation. Mark is also a former Acting Legal Director of the Ontario Ministry of Consumer Services and was responsible for prosecutions under the Consumer Protection Act (Ontario).

Mark wrote an article in the August issue of PurchasingB2B Magazine discussing competition law  issues and enforcement trends and pro-active compliance steps for government agencies and other organizations that source construction or other services through tender processes and trade and professional associations whose members provide procurement-related services. (August 23, 2016) The new Canadian government elected last October has brought a new emphasis on infrastructure spending. In light of this, the Canadian Competition Bureau has indicated that it will heighten efforts to improve awareness about bid rigging and equip the procurement community and others with tools to prevent, detect and deter this damaging and illegal behaviour. Mark Warner is a Canadian and American competition / antitrust lawyer and is a former Legal Director of the Ontario Ministry of Consumer Services which administers the Condominium Act (Ontario) and in that role was responsible for prosecutions under the Consumer Protection Act (Ontario).

Mark Warner was quoted in the August issue of Condo Business Magazine about the Canadian Competition Bureau investigation of allegations of price-fixing and bid rigging in the supply of condominium refurbishment services in the Greater Toronto Area. (August 23, 2016) Mark is a former Acting Legal Director of the Ontario Ministry of Consumer Services which administers the Condominium Act (Ontario) and in that role was responsible for prosecutions under the Consumer Protection Act (Ontario). The Ministry is also responsible for two administrative authorities that enforce certain real estate-related consumer protection laws – the Real Estate Council of Ontario and Tarion Warranty Corporation.

Mark Warner was interviewed on Bloomberg North about the impact of remaining Canadian and U.S. economic sanctions, export control measures and foreign corruption concerns on trade and investment with Iran one year after the “nuclear deal” was signed. (August 15, 2016) Mark, a Canadian and U.S. attorney, is a former Legal Director of the Ontario Ministry of Economic Development & Trade and has worked on trade and competition issues as counsel in the OECD Trade Directorate. He advises on foreign corrupt practices, foreign asset controls, anti-money laundering and export controls issues, including assisting various multinational firms in developing compliance programs in these areas. Mark has also participated in an international arbitration relating to the expropriation of the assets of a U.S.-based oil company in Libya and related issues under applicable sanctions and foreign asset control rules. He is co-author of a leading Canadian trade law treatise, has also published numerous articles and has been invited to speak at conferences around the world.

Mark Warner was quoted in the Globe and Mail, the Chronicle Herald, the Winnipeg Free Press,  CBC News, CTV News, and Global News about Republican Presidential candidate Donald Trump’s threats to renegotiate or withdraw from the North American Free Trade Agreement (NAFTA) and the prospects prospects for resurrecting the 1987 Canada-U.S. FTA (CUSFTA) if US withdraws from NAFTA. (August 14, 2016)

Theoretically, NAFTA could remain in force between Mexico and Canada if both parties choose to do so. Canada considers CUSFTA as “suspended”, not terminated. It isn’t clear that the United States agrees with that characterization. Ultimately, the question of whether CUSFTA is suspended or terminated comes down to the intent of the parties as a matter of international law. As a practical matter, CUSFTA would only snap back if the new U.S. President agreed to that, and that could also easily be the subject of litigation in the U.S. or internationally. In any case, CUSFTA would likely have to be updated in some respects before it could come back into force and that would require negotiations and room for the “art of the deal” to be put to the test.

Mr. Warner, a Canadian and U.S. lawyer, has advised governments on trade policy and trade negotiations and previously worked on trade and competition issues as counsel in the OECD Trade Directorate. Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade and advised Ontario in the Canada-EU Trade Agreement (CETA) negotiations and on several NAFTA Chapter 11 Investor-State Arbitrations. He is co-author of a leading Canadian trade law treatise, has also published numerous articles and has been invited to speak at conferences around the world.

Mark Warner was quoted in the Canadian Bar Association National Magazine article about the new British Columbia 15 per cent penalty tax on non-Canadian purchasers of residential real estate in the Greater Vancouver Regional District on all purchases registered from Aug. 2, 2016. (August 11, 2016) Mr. Warner, a Canadian and U.S. lawyer, has advised governments on trade policy and trade negotiations and previously worked on trade and competition issues as counsel in the OECD Trade Directorate. Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade and advised Ontario in the Canada-EU Trade Agreement (CETA) negotiations and on several NAFTA Chapter 11 Investor-State Arbitrations. He is co-author of a leading Canadian trade law treatise, has also published numerous articles and has been invited to speak at conferences around the world.

Mark Warner was interviewed on AM630 in Edmonton about  threats in the U.S. election campaign to renegotiate or withdraw from the North American Free Trade Agreement (NAFTA) and opposition to the Trans-Pacific Partnership Agreement (TPP). (August 3, 2016) Mr. Warner, a Canadian and U.S. lawyer, has advised governments on trade policy and trade negotiations and previously worked on trade and competition issues as counsel in the OECD Trade Directorate. Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade and advised Ontario in the Canada-EU Trade Agreement (CETA) negotiations and on several NAFTA Chapter 11 Investor-State Arbitrations. He is co-author of a leading Canadian trade law treatise, has also published numerous articles and has been invited to speak at conferences around the world.

Mark Warner was interviewed on AM980 in London, Ontario about Republican Presidential candidate Donald Trump’s threats to renegotiate or withdraw from the North American Free Trade Agreement (NAFTA). (July 21, 2016) Mr. Warner, a Canadian and U.S. lawyer, has advised governments on trade policy and trade negotiations and previously worked on trade and competition issues as counsel in the OECD Trade Directorate. Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade and advised Ontario in the Canada-EU Trade Agreement (CETA) negotiations and on several NAFTA Chapter 11 Investor-State Arbitrations. He is co-author of a leading Canadian trade law treatise, has also published numerous articles and has been invited to speak at conferences around the world.

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