Tag Archives: Canadian Competition Lawyer

Mark Warner was interviewed on BNNBloomberg about the decision of the U.S. Surface Transportation Board not to approve the Canadian National Railway Co. voting trust for its bid for Kansas City Southern and what that might mean for Canadian Pacific Railway Ltd.’s bid or any bid given President Biden’s Executive Order on Promoting Competition in the American Economy. (August 31, 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 featured on the CBC Weekend Business Panel talking about Air Canada & Delta Airlines employee COVID19 vaccine mandates, Shopify‘s new TikTok partnership and the Nirvana baby suing for a sixteenth minute of fame. (August 28, 2021) Mark is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, DC and New York 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.

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. Mr. Warner’s work with the airline industry includes: successfully coordinating multijurisdictional merger filings and abuse of dominance complaints .

As Legal Director of the Ontario Ministry of Economic Development & Trade, Mr. Warner 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. In private practice, Mr. Warner 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.

Mark Warner was interviewed on the Newstalk1010 Moore in the Morning Round One Panel and on the Jerry Agar Show about the prospects for a plea agreement by Huawei’s Chief Financial Officer, Meng Wanzhou extradition commitment hearing, the U.S. fraud and Iran sanctions case against Huawei and what kind of settlement might bring the three Canadian detainees back home to their families. (August 10 & 11, 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 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. 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 Interviewed on the Jerry Agar Show

Mark Warner was featured on CTV News about the Canadian Government easing quarantine program imposed in response to the COVID-19 pandemic for fully vaccinated Canadians and permanent residents returning to Canada. (July 4, 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. 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 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. 

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.

Mark Warner was interviewed on the CBC Weekend Business Panel talking about Canada’s new 2035 zero emission vehicle goal, the tentative easing of COVID19 border restrictions and Jeff Bezos stepping down as Amazon’s CEO (February 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, 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.

As Legal Director of the Ontario Ministry of Economic Development & Trade, Mark advised the Ontario Government with respect to Cross Border Trade in Services; Temporary Entry and Stay of Natural Persons for Business Purposes; Mutual Recognition of Professional Qualifications; and Regulatory Cooperation in the Canada-EU Trade Agreement (CETA) negotiations and provided advice on the design of the Green Energy Act and related WTO dispute settlement proceedings.

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. As MEDT Legal Director Mark advised Ontario on IP, patent litigation and drug reimbursement issues in the CETA negotiations 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 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 interviewed on Newstalk1010 about the scientist who was fired from Canada’s top infectious disease lab listed as co-inventor on two Chinese government patents. (June 23, 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 corporations, including leading global pharmaceutical companies 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 the National Post talking about the scientist who was fired from Canada’s top infectious disease lab listed as co-inventor on two Chinese government patents. (June 23, 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 corporations, including leading global pharmaceutical companies 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 G7 global corporate tax deal, Air Canada pandemic executive bonuses, diversity on Canadian corporate boards and GDP growth rates. (June 5, 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 harmful tax competition issues and worked on other 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 and and 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.

Mr. Warner’s work with the airline industry includes: successfully coordinating multijurisdictional merger filings in the airport services industry in Canada, the United States, United Kingdom and Germany; coordinating the merger notification and review of the acquisition of a regional chartered air carrier and a national scheduled air carrier in the United States; and representing a client in connection with an EU competition complaint against a dominant air carrier regarding restrictions on both passengers and travel agents that require the sequential use of airline tickets.

Mark Warner was interviewed on BNNBloomberg about the decision of Kansas City Southern to abandon its merger deal with Canadian Pacific Railway Ltd. in favour of Canadian National Railway Co. and how regulatory approvals in the U.S. might give CP another chance. (May 21, 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 Warner was interviewed on Canada Talks SiriusXM 167 about the prospects for resolving the Canada-U.S. softwood lumber dispute in the face of rising home prices in the U.S. and also about the prospects of lifting COVID19 border travel restrictions. (May 17, 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. 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-U.S. Agreement on Government Procurement and the Canada-EU Trade Agreement (CETA) negotiations 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 also advised on trade disputes (including the Green Energy Act and softwood lumber), on several NAFTA Chapter 11 Investor-State arbitrations and 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.