Tag Archives: Canadian Competition Lawyer

Mark Warner was quoted in the Wall Street Journal about the Canadian Competition Bureau initiating a civil investigation of Amazon with a focus on potential abuse of dominance. (August 14, 2020) This follows on the September 2019 Bureau “call-out” to market participants for information on potentially anti-competitive conduct in the digital economy. Mark is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, DC and New York 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, and represented the OECD Trade Directorate at meetings of the WTO Working Group on Trade and Competition and the Working Group on Trade and Investment.

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 was Legal Director of the Ontario Ministry of Economic Development & Trade and advised the Ontario Government with respect to cross-border trade in services, state enterprises and monopolies in the Canada-EU Trade Agreement (CETA) negotiations. As Legal Director of the Ontario Ministry of Research and Innovation, Mark also 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 and advised on research and innovation grants and loans to academics, universities and corporations.

Mark Warner was interviewed by the Financial Post about where Canada stands in the global race for a coronavirus / Covid-19 vaccine. (August 12, 2020) Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, DC and New York 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. 

Mr. Warner has assisted pharmaceutical clients in the global distribution of HIV / AIDS anti-retroviral drugs and the development of innovative patient access programs in the developing world, advised a U.S.-based pharmaceutical company and its French and South African subsidiaries in a cartel investigation involving 11 leading global Pharmaceutical companies in South Africa and advised a U.S.-based pharmaceutical company on competition law issues relating to the distribution of various nuclear medicine imaging agents in Canada. Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade and advised Ontario on the negotiations of the Canada-EU Trade Agreement (CETA) including on IP, patent litigation and drug reimbursement issues and on economic development, research and innovation grants and loans to corporations, including leading global pharmaceutical companies for research, manufacture and clinical trial projects. As Legal Director of the Ontario Ministry of Research and Innovation, Mr. Warner also led Ontario’s legal team in creating the $250 million Ontario Emerging Technologies Fund with an emphasis on life-sciences companies, drafted funding agreements, including for the Ontario Research Fund and Ontario Brain Institute, and advised on legal and corporate governance issues in the formation of Clinical Trials Ontario.

In addition, Mr. Warner, led the Province’s legal team for the insolvency / restructuring of General Motors and Chrysler in the difficult context of the 2008-2009 Recession.

Mark Warner was interviewed on Newstalk 1010 about whether “experts or the media re to blame for the often confused and seemingly inconsistent messaging around Covid-19. (August 3, 2020) Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, DC and New York 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. 

Mr. Warner has assisted pharmaceutical clients in the global distribution of HIV / AIDS anti-retroviral drugs and the development of innovative patient access programs in the developing world, advised a U.S.-based pharmaceutical company and its French and South African subsidiaries in a cartel investigation involving 11 leading global Pharmaceutical companies in South Africa and advised a U.S.-based pharmaceutical company on competition law issues relating to the distribution of various nuclear medicine imaging agents in Canada. Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade and advised Ontario on the negotiations of the Canada-EU Trade Agreement (CETA) including on IP, patent litigation and drug reimbursement issues and on economic development, research and innovation grants and loans to corporations, including leading global pharmaceutical companies for research, manufacture and clinical trial projects. As Legal Director of the Ontario Ministry of Research and Innovation, Mr. Warner also led Ontario’s legal team in creating the $250 million Ontario Emerging Technologies Fund with an emphasis on life-sciences companies, drafted funding agreements, including for the Ontario Research Fund and Ontario Brain Institute, and advised on legal and corporate governance issues in the formation of Clinical Trials Ontario.

In addition, Mr. Warner, led the Province’s legal team for the insolvency / restructuring of General Motors and Chrysler in the difficult context of the 2008-2009 Recession.

Mark Warner was interviewed on BNNBloomberg about the United States threats to re-impose Section 232 “national security” tariffs on Canadian steel aluminum imports and possible Canadian responses. (June 23, 2020) Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, DC and New York 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. Mark was Legal Director of the Ontario Ministry of Economic Development & Trade led Ontario’s legal team in the CETA negotiations, provided advice on the design of the Green Energy Act and related WTO dispute settlement proceedings, advised on various NAFTA Chapter 11 investor-state arbitration, and on procurement issues in the Canada-U.S. Agreement on Government Procurement. Earlier in his career, Mark has also represented an aluminum company in response to a United States Justice Department Civil Investigative Demand in connection to an alleged international aluminum cartel. 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 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.

Mark Warner was interviewed on Canada Talks SiriusXM 167 about how price gouging and deceptive marketing during the COVID-19 pandemic is being addressed in Canada. (May 14, 2020) Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, DC and New York 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.  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).

Mr. Warner has assisted pharmaceutical clients in the global distribution of HIV / AIDS anti-retroviral drugs and the development of innovative patient access programs in the developing world. Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade and led the Province’s legal team for the insolvency / restructuring of General Motors and Chrysler in the difficult context of the 2008-2009 Recession, and advised on trade negotiations and dispute settlement and on economic development, research and innovation grants and loans to corporations, including Huawei. As Legal Director of the Ontario Ministry of Research and Innovation, Mr. Warner also 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.

Mark Warner was interviewed on BNNBloomberg about recent Canadian law enforcement activity relating to price gouging and deceptive marketing linked to the COVID-19 pandemic. (May 14, 2020) Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, DC and New York 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. 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).

Mr. Warner has assisted pharmaceutical clients in the global distribution of HIV / AIDS anti-retroviral drugs and the development of innovative patient access programs in the developing world. Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade and led the Province’s legal team for the insolvency / restructuring of General Motors and Chrysler in the difficult context of the 2008-2009 Recession, and advised on trade negotiations and dispute settlement and on economic development, research and innovation grants and loans to corporations, including Huawei. As Legal Director of the Ontario Ministry of Research and Innovation, Mr. Warner also 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.

Mark Warner was interviewed on the CBC Weekend Business Panel about “negative oil” prices, concerns for businesses as jurisdictions begin to re-open, price gouging lawsuits and increased foreign investment screening in the wake of the COVID-19 pandemic. (April 25, 2020) Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, DC and New York 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. Mr. Warner has provided competition law advice to a major oil company concerning oil refining and retail distribution in North America and on the first ever post-accession EC notification of a merger involving two of Central Europe’s largest refiners of crude oil and has participated in complex securities / antitrust investigations by the SEC and DOJ. Mr. Warner 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.

Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade and led the Province’s legal team for the insolvency / restructuring of General Motors and Chrysler in the difficult context of the 2008-2009 Recession. As Legal Director was responsible for negotiating and drafting Government of Ontario grant and loan agreements to leading global companies for jobs, investment, research and manufacturing projects in Ontario, including for clean energy (solar and wind) and advising on the adoption of the Green Energy Act (Ontario) and a WTO challenge by Japan to its domestic content provisions. 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 Warner was interviewed on the CBC Weekend Business Panel about the economic, legal and regulatory aspects of the COVID-19 virus bailout efforts in Canada and the United States. (March 28, 2020) Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, DC and New York 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. Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade and led the Province’s legal team for the insolvency / restructuring of General Motors and Chrysler in the difficult context of the 2008-2009 Recession. As Legal Director of the Ontario Ministry of Research and Innovation, Mr. Warner also 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 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 Warner was interviewed on the CBC Weekend Business Panel about the COVID-19 pandemic, the impact on the global economy and the challenges to Canadian governments in responding. (March 14, 2020) Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, DC and New York 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. Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade and led the Province’s legal team for the insolvency / restructuring of General Motors and Chrysler in the difficult context of the 2008-2009 Recession. As Legal Director of the Ontario Ministry of Research and Innovation, Mr. Warner also 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 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 Warner gives a “Crystal ball” outlook for 2020, lessons learned in 2019 and a possible ‘Black Swan’ event on the CBC Weekend Business Panel. (December 28, 2019) Lessons learned in 2019 include the importance of compliance and corporate governance issues. Predictions for 2020 include the continuation of U.S.-China and Canada-China trade tensions and increasing regulatory focus on Big Tech. The possible Black Swan event relates to the possible failure of the U.S. Senate to pass the United States Mexico Canada Agreement (USMCA) / NAFTA 2.0.

Mark is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, DC and New York and 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. As Legal Director for the Ontario Ministry of Research & Innovation, Mark 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 Mark 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. Mark is also a former Acting Legal Director of the Ontario Ministry of Consumer Services which provided oversight to the Alcohol and Gaming Commission of Ontario (AGCO) and the Vintners Quality Alliance Ontario (VQA) 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.