Tag Archives: Canadian Competition Lawyer

Mark Warner was interviewed on CTV Your Morning [at 48:20] about the United States Mexico Canada Agreement (USMCA) dispute settlement panel decision in favour of the U.S. with regard to the its challenge to how Canada allocates its dairy tariff-rate quotas. (January 5, 2022) 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. At the OECD, Mark 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.

Mr. Warner 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 related WTO dispute settlement proceedings, and softwood lumber) and on various NAFTA Chapter 11 investor-state arbitration. Mr. Warner also led the Province’s legal team for the insolvency / restructuring of General Motors and Chrysler. 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 featured in La Presse about the efforts of the UK hedge fund, TCI Fund Management, the largest shareholder of Canadian Pacific Railway Ltd. and a significant shareholder in Canadian National Railway Co. to replace the CN CEO following the decision of the U.S. Surface Transportation Board not to approve the CN voting trust for its bid for Kansas City Southern. (December 23, 2021) 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 has advised clients on a wide-range of antitrust / competition matters in the transport sector, including aviation and railway mergers.

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 Consumer Protection Act (Ontario).

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 participated in the CBC News Year End Weekend Business Panel discussion reflecting on the biggest business story of the past year, the pharmaceutical CEOs on Santa’s nice list, the impact of Covid19 on inflation and supply chains in the new year and the proposed North American railway merger to track in the new year. (December 18, 2021) 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. 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 has advised clients on a wide-range of antitrust / competition matters in the transport sector, including aviation and railway mergers.

Mr. Warner 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. Mr. Warner led the Ontario’s legal team for the insolvency / restructuring of General Motors and Chrysler in the difficult context of the 2008-2009 Recession, and advised on economic development, research and innovation grants and loans to corporations.

Mark 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. In the negotiations of the CETA Mark advised Ontario including on IP, patent litigation and drug reimbursement issues as well as Cross Border Trade in Services; Temporary Entry and Stay of Natural Persons for Business Purposes; Mutual Recognition of Professional Qualifications; and Regulatory Cooperation.

Mark Warner was interviewed on The LeDrew Three Minute Interview about the resignation of Dominic Barton, former Global Managing Partner for McKinsey & Company, as Canada’s Ambassador to China in the lead up to Canada’s decision to bar Huawei from its 5G telecommunications network and U.S. House of Representatives Oversight Committee investigation into McKinsey’s consulting services on behalf of the opioid and pharmaceutical industries. (December 10, 2021) 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. Mark was Legal Director of the Ontario Ministry of Economic Development & Trade and advised on economic development grants and loans to corporations, including Huawei. Additionally, as Legal Director of the Ontario Ministry of Research and Innovation, Mark advised on economic development, research and innovation grants and loans to individuals, corporations and academic institutions. 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 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. As MEDT Legal Director Mark 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 leading global pharmaceutical companies, including Purdue Pharma, for research, manufacture and clinical trial projects. As MRI Legal Director, Mark 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.

Mark Warner was featured in a Global News report about the resignation of Dominic Barton, former Global Managing Partner for McKinsey & Company, as Canada’s Ambassador to China in the lead up to Canada’s decision to bar Huawei from its 5G telecommunications network and U.S. House of Representatives Oversight Committee investigation into McKinsey’s consulting services on behalf of the opioid and pharmaceutical industries. (December 6, 2021) 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. Mark was Legal Director of the Ontario Ministry of Economic Development & Trade and advised on economic development grants and loans to corporations, including Huawei. Additionally, as Legal Director of the Ontario Ministry of Research and Innovation, Mark advised on economic development, research and innovation grants and loans to individuals, corporations and academic institutions. 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 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. As MEDT Legal Director Mark 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 leading global pharmaceutical companies, including Purdue Pharma, for research, manufacture and clinical trial projects. As MRI Legal Director, Mark 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.

Mark Warner was featured on the CBC Weekend Business Panel talking about the 2021 United Nations Climate Change Conference (COP26), the Rivian electric truck initial public offering and the General Electric conglomerate split up. (November 13, 2021) 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, he advised on trade and competition issues. As Legal Director for the Ontario Ministry of Research & Innovation, Mr. Warner was responsible for establishing the Ontario Capital Growth Corporation (OCGC) and providing corporate governance legal advice and secretarial support to its Board of Directors, as well as to the Board of Directors of the Ontario Immigrant Investor Corporation (OIIC), and other agencies administered by the Ministries.

As Legal Director of the Ontario Ministry of Economic Development & Trade, Mr. Warner provided strategic legal advice with respect to the Ontario’s economic development, research and innovation grants and loans to corporations, including to electric car battery manufacturer, Electrovaya and and a Better Place demonstration centre and electric vehicle charging station network. Mr. Warner also led the Province’s legal team for the insolvency / restructuring of General Motors and Chrysler and legal team in the CETA negotiations, provided advice on the design of the Green Energy Act and related WTO dispute settlement proceedings.

Mark Warner participated in a panel on cross-border commerce, COVID-19, and strengthening regional economies at the International Legislators’ Forum sponsored by the Consensus Council. (October 26, 2021) Mark is a Canadian and U.S. lawyer who has practiced trade, investment and competition law in leading law firms 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 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 has also served as Legal Director of the Ontario Ministries of Economic Development & Trade, Research & Innovation and Consumer Services. He led Ontario’s legal team for trade negotiations (including the Canada-EU Trade Agreement (CETA) 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 disputes (including the Ambassador Bridge, Adam’s Mine and St. Mary’s Cement claims).  Mark also 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 and advised the Auto Parts Manufacturing Association on NAFTA renegotiation issues.

Mark 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. In the negotiations of the CETA Mark advised Ontario including on IP, patent litigation and drug reimbursement issues as well as Cross Border Trade in Services; Temporary Entry and Stay of Natural Persons for Business Purposes; Mutual Recognition of Professional Qualifications; and Regulatory Cooperation.

Mark Warner was featured on the CBC Weekend Business Panel talking about global supply chain bottlenecks, the opening of the Canada-U.S. land border and whether a possible Instacart worker strike portends a new era of labour strife. (October 16, 2021) 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 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.

Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade 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. Mr. Warner led 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 and advised the Auto Parts Manufacturing Association on NAFTA renegotiation issues. Mr. Warner also advised on procurement issues in the Canada-U.S. Agreement on Government Procurement, 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 featured in a Globe and Mail article about the OECD/G20 Inclusive Framework on Base Erosion and Profit Shifting two-pillar solution to address the tax challenges arising from the digitalisation of the economy, including a global deal reached on a 15% minimum corporate tax rate. (October 8, 2021) 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, Mr. Warner advised on harmful tax competition issues and worked on other trade and competition issues. 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 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 the CBC Weekend Business Panel about what’s in store for Canadian business in the Canadian federal election. (September 18, 2021) 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 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 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. As MEDT Legal Director, Mark advised on economic development, research and innovation grants and loans to corporations, including Huawei 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.