Tag Archives: Canadian Competition Lawyer

Mark Warner was featured in a CBC News article about the risks of possible U.S. trade challenges under the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and Agreement on Technical Barriers to Trade (TBT Agreement), the USMCA or Section 301 of the Trade Act of 1974 to Quebec’s Bill 96 language law as it affects common law trademarks. (June 11, 2024) Interestingly, there is no mention of Quebec’s Bill 96 language law common law trademark concerns in the Office of the U.S. Trade Representative’s 2024 Special 301 Report on Intellectual Property Protection and Enforcement released in April keeping Canada on the “Special 301 Watch List”.

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 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 focused, in part, on the digital media and information and communications technology sectors. 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 leading ICT and digital media companies and led Ontario’s legal team in respect of the Canada-EU Comprehensive Economic & Trade Agreement (CETA) negotiations including with respect to the Intellectual Property Chapter.

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.

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.

Mark Warner was featured on the CBC News Weekend Business Panel talking about Live Nation confirming a data breach within a third-party cloud storage and analytics company affecting customer data of its ticketing subsidiary, Ticketmaster; slow growing mortgage debt; slow GDP growth and potential interest rate cuts in Canada. (June 1, 2024) Mark is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, D.C, New York and Brussels and has advised governments on competition law and policy.

Mark is a former Acting Legal Director of the Ontario Ministry of Consumer Services, and was responsible for prosecutions under the provincial consumer protection laws and regulations. MCS is responsible for administering the Ticket Sales Act (Ontario) which establishes requirements for ticket businesses and other persons and outlines protections for purchasers of tickets to Ontario events. In private practice, he has also worked on data breach cases in the financial, retail, education and healthcare sectors. 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.

As counsel at the OECD Trade Directorate in Paris, Mark advised on other trade and competition issues and represented the OECD at meetings of the WTO Working Group on Trade and Competition and Working Group on Trade and Investment. 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. He 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 Warner was interviewed by the Financial Post about growing U.S.-China trade tensions and how that affects Canadian trade and investment with both countries, including in responding to U.S. tariffs on automobiles and automotive parts. (May 30, 2024) 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. Mr. Warner 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 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. He led the Ontario’s legal team for the insolvency / restructuring of General Motors and Chrysler, and the negotiation of 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.

Mark provides international trade and investment law advice to natural resources clients on trade agreements, trade remedies, Investment Canada and CFIUS issues, sanctions, export and import controls, foreign asset 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 Newstalk1010 (From 4:11) about the U.S. Department of Justice suing Live Nation Entertainment, the concert giant that owns Ticketmaster, asking a court to break up the company over claims it illegally maintained a monopoly in the live entertainment industry. (May 24, 2024) Mark is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, D.C, New York and Brussels and has advised governments on competition law and policy. As counsel at the OECD Trade Directorate in Paris, Mark advised on on other trade and competition issues and represented the OECD at meetings of the WTO Working Group on Trade and Competition and Working Group on Trade and Investment. 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. He 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 provincial consumer protection laws and regulations. MCS is responsible for administering the Ticket Sales Act (Ontario) which establishes requirements for ticket businesses and other persons and outlines protections for purchasers of tickets to Ontario events. 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 featured on the CBC News Weekend Business Panel about a nascent Loblaw’s grocery store boycott over high prices, London Drugs cyberattack in Western Canada and new ride-hailing competition in Toronto. (May 4, 2024) 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). In 2015, Mark chaired a first of its kind international conference in Toronto on competition and consumer protection issues in the Sharing Economy. 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 by The Africa Report about the Ethiopian government preparing to participate in the fifth round of the World Trade Organization accession negotiations, and said it is: “a signal that Ethiopia is getting back on track with market reforms and a more stable and open environment for foreign investment as Chinese investment begins to slow across the continent”. (April 16, 2024) 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 has provided technical assistance / legislative drafting advice to African governments including Ethiopia and South Africa and the Common Market for Eastern and Southern Africa (COMESA) on drafting / implementing competition laws and regulatory reform. He has also taught trade law at the University of the Western Cape, the International Law Institute African Centre for Legal Excellence in Kampala, Uganda and the Addis Ababa University Faculty of Business and Economics.

Mr. Warner 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 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. 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.

Mark Warner was featured on the CBC Weekend Business Panel talking about real estate commission class action lawsuits in the United States and Canada, Home Depot buying SRS Distribution, a huge professional building-projects supplier and chocolate cacao price increases. (March 30, 2024) 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, and represented the OECD at meetings of the WTO Working Groups on Trade and Competition Policies and Trade and Investment Policies.

Mark is a former Legal Director of the Ontario Ministry of Economic Development & Trade and the Ontario Ministry of Research & Innovation. 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 Real Estate Council of Ontario (RECO) which regulates the conduct of real estate salespersons, brokers and brokerages and the Tarion Warranty Corporation which administers the Ontario New Home Warranties Plan Act. In 2015, Mark chaired a first of its kind international conference in Toronto on competition and consumer protection issues in the Sharing Economy.

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 The Body Shop closing one-third of of its Canadian stores and sits online sales, Wendy’s surge pricing announcement reversal. and Cineplex Inc.’s online booking fees and the Competition Bureau’s “drip pricing” test case in the Competition Tribunal. (March 2, 2024) 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, and represented the OECD at meetings of the WTO Working Groups on Trade and Competition Policies and Trade and Investment Policies.

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. As Legal Director for the Ontario Ministry of Research & Innovation (MRI), Mr. Warner led Ontario’s legal team in establishing the Ontario Capital Growth Corporation (OCGC). As Legal Director for the Ontario MRI, Mr. Warner also provided corporate governance legal advice and secretarial support to the OCGC Board of Directors, as well as to the Board of Directors of the Ontario Immigrant Investor Corporation, and other agencies administered by the Ministries.

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. In 2015, Mark chaired a first of its kind international conference in Toronto on competition and consumer protection issues in the Sharing Economy.

Mark Warner was featured on the CBC Weekend Business Panel talking about record high rent increases in Canada, striking ride-share and food delivery drivers, and Air Canada being found liable for its chatbot‘s incorrect advice on the airline’s bereavement ticket rates. (February 17, 2024) 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, and represented the OECD at meetings of the WTO Working Groups on Trade and Competition Policies and Trade and Investment Policies.

Mark is a former Legal Director of the Ontario Ministry of Economic Development & Trade. 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 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. In 2015, Mark chaired a first of its kind international conference in Toronto on competition and consumer protection issues in the Sharing Economy.

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 BNNBloomberg about the United Kingdom pausing bilateral trade talks with Canada over an impasse over Canadian dairy quotas and UK beef standards and a looming deadline for rules of origin for autos parts. (January 26, 2024) 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 has 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.

Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade and advised Ontario in the CETA negotiations, including with respect to Trade in Alcoholic Beverages and Monopolies and State Enterprises and on IP, Patent Litigation and Drug Reimbursement issues, Cross Border Trade in Services; Temporary Entry and Stay of Natural Persons for Business Purposes, Mutual Recognition of Professional Qualifications, and Regulatory Cooperation. As Legal Director also led Ontario’s legal team for the negotiation of 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.

As a partner in a leading boutique law firm in Brussels specializing in European and international law, Mr. Warner negotiated with European Commission Competition officials the first ever notified merger of companies from accession countries (Polish and Czech oil companies) following EU ion in 2004.