Author Archives: Mark Warner

Mark Warner was featured in an article The Logic about Canada and the proposed new U.S. rules prohibiting venture capital and private equity firms from pumping more money into Chinese efforts to develop semiconductors and other microelectronics, quantum computers and certain artificial intelligence applications. (August 10, 2023) Mark is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, DC and New York and has advised governments on trade and investment policy and negotiations and previously worked on trade and competition issues as counsel in the OECD Trade Directorate, and participated in the negotiations of the proposed Multilateral Agreement on Investment and represented the OECD at meetings of the WTO Working Groups on Trade and Competition Policies and Trade and Investment Policies. 

Mark was Legal Director of the Ontario Ministry of Economic Development & Trade and led Ontario’s legal team for trade negotiations (including the Canada-EU Trade Agreement and the Canada-U.S. Agreement on Government Procurement), advised on trade disputes (including the Green Energy Act and softwood lumber) and various NAFTA Chapter 11 investor-state arbitration matters (including the Ambassador Bridge, Adam’s Mine and St. Mary’s Cement claims) and Investment Canada Act reviews.

As MEDT Legal Director, Mark advised on economic development, research and innovation grants and loans to corporations, including Chinese telecommunications firm, Huawei. 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. As Assistant Director of the University of Baltimore’s Centre for International and Comparative Law, Mark hired a Chinese scholar to begin a research program on reforming anti-monopoly law in China, one of the first such efforts at the time. He is frequently interviewed in print, radio and television on the Trans-Pacific Partnership Trade Agreement.

Mark Warner was featured on the CBC Weekend Business Panel talking about immigration and employment in Canada, Loblaw profits and grocery prices and the rebranding of Twitter. (July 29, 2023) Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, D.C., New York and Brussels and has advised governments on trade policy and trade negotiations and previously worked on trade and competition issues as counsel in the OECD Trade Directorate in Paris. Mark has assisted a national grocery in connection with an ongoing cartel investigation.

Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade (MEDT) and advised Ontario in the Canada-EU Trade Agreement (CETA) negotiations advised on matters including: Cross Border Trade in Services; Temporary Entry and Stay of Natural Persons for Business Purposes; Mutual Recognition of Professional Qualifications; and Regulatory Cooperation.

As a former Acting Legal Director for the Ontario Ministry of Consumer Services, Mark was responsible for prosecutions under the provincial consumer protection laws and regulations (including for door to door water cooler salespeople and the introduction of the Province’s pay day lending laws).

As MEDT Legal Director of the Ontario Ministry of Economic Development & Trade and negotiated and drafted grant and loan agreements to leading global companies for jobs, investment, research and manufacturing projects in Ontario, including to digital media and gaming companies, like Ubisoft and Digital Extremes. As Legal Director of the Ontario Ministry of Research & Innovation, Mr. Warner led Ontario’s legal team in creating the $250 million Ontario Emerging Technologies Fund (focused in part on the digital media and ICT sectors), the $205 million Ontario Venture Capital Fund and establishing the Ontario Capital Growth Corporation. Mark’s experience with online technologies and e-commerce includes: participating in OECD-wide policy work on laws and regulations affecting e-commerce, acting as Chair, ICC Competition Commission Working Party on E-Commerce and Competition Policy, serving as an original ICANN domain name dispute resolution arbitrator for eResolution and WIPO and as Rapporteur of the Hague Conference on Private International Law Commission on Jurisdiction for Torts in Electronic Commerce.

Mark Warner was interviewed on Newstalk1010 in Toronto about the British Columbia port workers rejecting a tentative labour deal and the impact on Canadian exporters, importers, manufacturers and consumers, prices and supply chain delays and shortages. (July 19, 2023) Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, D.C., New York and Brussels and has advised governments on trade policy and trade negotiations. Mark was Legal Director of the Ontario Ministry of Economic Development & Trade advising on trade negotiations and dispute settlement and on economic development, research and innovation grants and loans to corporations, including Huawei. Mr. Warner also provided advice to the Government of Ontario on the design of the Green Energy Act and related WTO dispute settlement proceedings. He also previously worked on trade and competition issues as counsel in the OECD Trade Directorate where he participated in the negotiations of the Multilateral Agreement on Investment and represented the OECD at meetings of the WTO Working Group on Trade and Competition Policy and the Working Group on Trade and Investment.

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. As Assistant Director of the University of Baltimore’s Centre for International and Comparative Law, Mark hired a Chinese scholar to begin a research program on reforming anti-monopoly law in China, one of the first such efforts at the time. He is frequently interviewed in print, radio and television on the Trans-Pacific Partnership Trade Agreement. 

Mark led the Ontario’s legal team for the insolvency / restructuring of General Motors and Chrysler, and various grant and loan agreements to leading automotive and automotive parts companies, including to electric car battery manufacturer, Electrovaya and a Better Place demonstration centre and electric vehicle charging station network, and more recently has assisted with an electrical vehicle battery manufacturing contractual dispute.

Mark Warner was featured in the Globe and Mail talking about the trade implications of Canada’s purported refusal to delay its digital services tax further as overall multinational tax agreement brokered by the Organization for Economic Co-operation and Development (OECD) is pushed back. (July 12, 2022) Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, D.C., New York and Brussels has advised governments on trade policy and trade negotiations. As counsel at the OECD Trade Directorate, Mark advised on harmful tax competition issues and worked on other trade and competition issues, participated in the negotiations of the proposed Multilateral Agreement on Investment and represented the OECD at meetings of the WTO Working Groups on Trade and Competition Policies and Trade and Investment Policies.

As Legal Director for the Ontario Ministry of Research & Innovation, Mr. Warner led Ontario’s legal team in creating the $250 million Ontario Emerging Technologies Fund, the $205 million Ontario Venture Capital Fund and establishing the Ontario Capital Growth Corporation. As Legal Director of the Ontario Ministry of Economic Development & Trade provided strategic legal advice with respect to the Ontario’s economic development, research and innovation grants and loans to corporations and led Ontario’s legal team for trade negotiations and trade and investment disputes. 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 chaired an Insight Research Canadian Sharing Economy Symposium in Toronto in 2015. As a former Acting Legal Director for the Ontario Ministry of Consumer Services, Mark was responsible for prosecutions under the provincial consumer protection laws and regulations. Mark’s experience with online technologies and e-commerce includes: participating in OECD-wide policy work on laws and regulations affecting e-commerce, acting as Chair, ICC Competition Commission Working Party on E-Commerce and Competition Policy, serving as an original ICANN domain name dispute resolution arbitrator for eResolution and WIPO and as Rapporteur of the Hague Conference on Private International Law Commission on Jurisdiction for Torts in Electronic Commerce.

Mark Warner was interviewed on CTV Your Morning about the impact of the British Columbia port strike on Canadian exporters, importers, manufacturers and consumers and potential competition from US ports and threat to the supply chain comparative advantages from the CPTPP and the USMCCA. (July 5, 2023) Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, D.C., New York and Brussels and has advised governments on trade policy and trade negotiations. Mark was Legal Director of the Ontario Ministry of Economic Development & Trade advising on trade negotiations and dispute settlement and on economic development, research and innovation grants and loans to corporations, including Huawei. Mr. Warner also provided advice to the Government of Ontario on the design of the Green Energy Act and related WTO dispute settlement proceedings. He also previously worked on trade and competition issues as counsel in the OECD Trade Directorate where he participated in the negotiations of the Multilateral Agreement on Investment and represented the OECD at meetings of the WTO Working Group on Trade and Competition Policy and the Working Group on Trade and Investment.

Mark led the Ontario’s legal team for the insolvency / restructuring of General Motors and Chrysler, and various grant and loan agreements to leading automotive and automotive parts companies, including to electric car battery manufacturer, Electrovaya and a Better Place demonstration centre and electric vehicle charging station network, and more recently has assisted with an electrical vehicle battery manufacturing contractual dispute.

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. As Assistant Director of the University of Baltimore’s Centre for International and Comparative Law, Mark hired a Chinese scholar to begin a research program on reforming anti-monopoly law in China, one of the first such efforts at the time. He is frequently interviewed in print, radio and television on the Trans-Pacific Partnership Trade Agreement. 

Mark Warner was featured on the CBC Weekend Business Panel talking about the Canadian Competition Bureau Retail Grocery Market Study Report, compliance issues in response to possible data breaches and cybersecurity incidents at Indigo Books and Music Inc., Suncor Energy Inc. and Petro-Canada retail sites, and the latest Statistics Canada GDP monthly report. (July 1, 2023) Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, D.C., New York and Brussels and has advised governments on trade policy and trade negotiations and previously worked on trade and competition issues as counsel in the OECD Trade Directorate in Paris. Mark has assisted a national grocery in connection with an ongoing cartel investigation and has assisted clients on cyber-security and privacy compliance issues in various data breach matters.

As a former Acting Legal Director for the Ontario Ministry of Consumer Services, Mark was responsible for prosecutions under the provincial consumer protection laws and regulations (including for door to door water cooler salespeople and the introduction of the Province’s pay day lending laws). Mark’s experience with online technologies and e-commerce includes: participating in OECD-wide policy work on laws and regulations affecting e-commerce, acting as Chair, ICC Competition Commission Working Party on E-Commerce and Competition Policy, serving as an original ICANN domain name dispute resolution arbitrator for eResolution and WIPO and as Rapporteur of the Hague Conference on Private International Law Commission on Jurisdiction for Torts in Electronic Commerce.

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 the Section’s Task Forces on Competition Policy and NAFTA and Antitrust in the Global Economy. In addition to being a lawyer, Mr. Warner has a Masters Degree in International Economics from the University of Toronto.

Mark Warner was interviewed on Newstalk1010 in Toronto about the Canadian Competition Bureau Retail Grocery Market Study Report. (June 27, 2023) Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, D.C., New York and Brussels and has advised governments on trade policy and trade negotiations and previously worked on trade and competition issues as counsel in the OECD Trade Directorate in Paris. Mark has assisted a national grocery in connection with an ongoing cartel investigation.

As a former Acting Legal Director for the Ontario Ministry of Consumer Services, Mark was responsible for prosecutions under the provincial consumer protection laws and regulations (including for door to door water cooler salespeople and the introduction of the Province’s pay day lending laws). Mark’s experience with online technologies and e-commerce includes: participating in OECD-wide policy work on laws and regulations affecting e-commerce, acting as Chair, ICC Competition Commission Working Party on E-Commerce and Competition Policy, serving as an original ICANN domain name dispute resolution arbitrator for eResolution and WIPO and as Rapporteur of the Hague Conference on Private International Law Commission on Jurisdiction for Torts in Electronic Commerce.

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 the Section’s Task Forces on Competition Policy and NAFTA and Antitrust in the Global Economy. In addition to being a lawyer, Mr. Warner has a Masters Degree in International Economics from the University of Toronto.

Mark Warner was featured on the CBC Weekend Business Panel talking about Loblaw customer receipt checks to combat theft, rising consumer debt and increasing inflation and interest rates, and continuing automotive supply chain delays and automobile inventory shortages. (June 17, 2023) Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, D.C., New York and Brussels and has advised governments on trade policy and trade negotiations and previously worked on trade and competition issues as counsel in the OECD Trade Directorate in Paris.

Mark is a former Legal Director of the Ontario Ministry of Economic Development & Trade and led the Ontario’s legal team for the insolvency / restructuring of General Motors and Chrysler, and various grant and loan agreements to leading automotive and automotive parts companies, including to electric car battery manufacturer, Electrovaya and a Better Place demonstration centre and electric vehicle charging station network, and more recently has assisted with an electrical vehicle battery manufacturing contractual dispute. As a former Acting Legal Director for the Ontario Ministry of Consumer Services, Mark was responsible for prosecutions under the provincial consumer protection laws and regulations and advising on the introduction of the Province’s pay day lending laws, the administration of the Motor Vehicle Dealers Act and regulating the Ontario Motor Vehicle Industry Council.

Mark Warner was featured on the CBC Weekend Business Panel talking about the Statement on Artificial Intelligence Risk published by the Centre for AI Safety, Air Canada pilots pulling out of their current labour framework and BMO Financial Group closing its acquisition of the Air Miles loyalty rewards program in Canada. (June 3, 2023) Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, D.C., New York and Brussels and has advised governments on trade policy and trade negotiations and previously worked on trade and competition issues as counsel in the OECD Trade Directorate in Paris. As a former Acting Legal Director for the Ontario Ministry of Consumer Services, Mark was responsible for prosecutions under the provincial consumer protection laws and regulations (including for door to door water cooler salespeople and the introduction of the Province’s pay day lending laws).

Mark is a former Legal Director of the Ontario Ministry of Economic Development & Trade and negotiated and drafted grant and loan agreements to leading global companies for jobs, investment, research and manufacturing projects in Ontario, including to digital media and gaming companies, like Ubisoft and Digital Extremes. As Legal Director of the Ontario Ministry of Research & Innovation, Mr. Warner led Ontario’s legal team in creating the $250 million Ontario Emerging Technologies Fund (focused in part on the digital media and ICT sectors), the $205 million Ontario Venture Capital Fund and establishing the Ontario Capital Growth Corporation. Mark’s experience with online technologies and e-commerce includes: participating in OECD-wide policy work on laws and regulations affecting e-commerce, acting as Chair, ICC Competition Commission Working Party on E-Commerce and Competition Policy, serving as an original ICANN domain name dispute resolution arbitrator for eResolution and WIPO and as Rapporteur of the Hague Conference on Private International Law Commission on Jurisdiction for Torts in Electronic Commerce.

Mark Warner was interviewed by the Financial Post about sanctions, export controls on China and Russia, “friendshoring” and other developments in the trade landscape that affect Canada. (April 24, 2023) Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, D.C., New York and Brussels and has advised governments on trade policy and trade negotiations. Mark 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 in Paris, including advising Eastern European countries on competition policy accession requirements in the context of the EC PHARE Program and other countries on European Partnership Agreements, and participated in the negotiations of the Multilateral Agreement on Investment and represented the OECD at meetings of the WTO Working Group on Trade and Competition Policy and the Working Group on Trade and Investment.

Mark 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. Mark provides international trade and investment law advice to natural resources clients on trade agreements, trade remedies, sanctions, export and import controls, anti-corruption, corporate social responsibility and compliance issues as a colleague at Pilot Law which provides comprehensive legal services for developing resource businesses in the mining, energy and renewables sectors.