Tag Archives: Trade Remedies

Mark Warner was featured in the Wall Street Journal talking about the risks of the Canadian Radio-television and Telecommunications Commission’s decision slap a levy on Google to help finance enforcement costs related to Canada’s online-news law in light of Trump’s threatened tariff and tax responses against discriminatory digital taxes. (February 26, 2025) Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, D.C., New York and Brussels. Mark advised on harmful tax competition issues and worked on other 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.

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 MEDT, Mark also 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. 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. Mark also chaired an Insight Research Canadian Sharing Economy Symposium in Toronto in 2015.

As Legal Director of the Ontario Ministry of Economic Development & Trade, Mark 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.

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 Economics from the University of Toronto.

Mark Warner was featured in The Hill Times talking about Canada’s dispute settlement options to respond to Trump’s various tariff threats, the likelihood of success, appeals and unintended consequences from any similar unilateral retaliation outside of the trade rules. (February 26, 2025) Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, D.C., New York and Brussels. Mark 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.

As Legal Director of the Ontario Ministry of Economic Development & Trade, Mark 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. He 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, 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 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 Economics from the University of Toronto.

Mark Warner was featured in the Financial Post about Trump’s threatened reciprocal tariffs, Canada’s GST (VAT) and how this fits into other past and current trade irritants and disputes with the U.S., including over the digital services tax. (February15, 2025) Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, D.C., New York and Brussels. 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 Group on Trade and Competition Policy and the Working Group on Trade and Investment.

As Legal Director of the Ontario Ministry of Economic Development & Trade, Mark 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. He 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, 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 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 MEDT, Mark also 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. 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. Mark also chaired an Insight Research Canadian Sharing Economy Symposium in Toronto in 2015.

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 Economics from the University of Toronto.

Mark Warner was featured in the Financial Post about Trump’s threat to use Section 891 of the U.S. Internal Revenue Code to double corporate taxes on Canadian companies operating in the United States in retaliation for discriminatory digital services taxes, including Canada’s proposed DST, how it relates to other potential trade remedies like Section 301 of the Trade Act of 1974 to impose trade sanctions on foreign countries that violate U.S. trade agreements or engage in acts that are “unjustifiable” or “unreasonable” and burden U.S. commerce, and the risks to Canadian citizen and corporations in the U.S. (January 24, 2025) Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, D.C., New York and Brussels. Mark advised on harmful tax competition issues and worked on other 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.

As Legal Director of the Ontario Ministry of Economic Development & Trade, Mark 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. He 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, 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 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 MEDT, Mark also 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. 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. Mark also chaired an Insight Research Canadian Sharing Economy Symposium in Toronto in 2015.

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 Economics from the University of Toronto.

Mark Warner was interviewed on BNNBloomberg about the way Canadian politicians are reacting to tariff threats from U.S. President Trump and how retaliatory efforts by Canada are likely to have a muted effect on the U.S. economy. (January 22, 2025) Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, D.C., New York and Brussels. Mark 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.

As Legal Director of the Ontario Ministry of Economic Development & Trade, Mark 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. He 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, 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 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 Economics from the University of Toronto.

Mark Warner was interviewed on CTV Your Morning about how Canada’s response to Trump’s threatened tariffs are taking shape, whether restrictions on oil and gas exports to the U.S. are a credible threat, and whether retaliation magnifies the harm to Canada. (January 16, 2025) Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, D.C., New York and Brussels. Mark 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.

As Legal Director of the Ontario Ministry of Economic Development & Trade, Mark 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. He 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, 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 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 Economics from the University of Toronto.

Mark Warner was interviewed on CTV Your Morning about increasing calls by Canadian federal and provincial government leaders to delink Mexico from future trade talks between Canada and the United States. (November 21, 2024) Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, D.C., New York and Brussels. Mark 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.

As Legal Director of the Ontario Ministry of Economic Development & Trade, Mark 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. He 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, 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 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 Economics from the University of Toronto.

Mark Warner was interviewed by CBC News about Finance Minister Chrystia Freeland saying that Canada shares Trump’s grave concerns “about Mexico serving as a back door for China into the North American trading space” and hinting that it is open to sidelining Mexico in trade talks with the U.S. (November 19, 2024) Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, D.C., New York and Brussels. Mark 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.

As Legal Director of the Ontario Ministry of Economic Development & Trade, Mark 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. He 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, 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 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 Economics from the University of Toronto.

Mark Warner was interviewed by the Financial Post about the current state of Canada-China trade relations and the cards Beijing could yet play in the dispute over the imposition of 100 per cent tariffs on Chinese electric vehicles. (Sept. 11, 2024) 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 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 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 and a Better Place demonstration centre and electric vehicle charging station network. Mr. Warner also advised the Auto Parts Manufacturing Association on NAFTA renegotiation issues. 

As Legal Director of the Ontario Ministry of Economic Development & Trade and the Ministry of Research & Innovation and advised on economic development, research and innovation grants and loans to corporations, including Huawei. As MEDT Legal Director, he also led Ontario’s legal team for trade negotiations and advised on trade disputes including the Japanese challenge to the Ontario Green Energy Act. 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.

Mark Warner was featured on the CTV National News about China launching an anti-dumping investigation into canola imports from Canada in retaliation for Canada matching U.S. tariffs on imported electric vehicles from China. (September 3, 2024) 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 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 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 and a Better Place demonstration centre and electric vehicle charging station network. Mr. Warner also advised the Auto Parts Manufacturing Association on NAFTA renegotiation issues. 

As Legal Director of the Ontario Ministry of Economic Development & Trade and the Ministry of Research & Innovation and advised on economic development, research and innovation grants and loans to corporations, including Huawei. As MEDT Legal Director, he also led Ontario’s legal team for trade negotiations and advised on trade disputes including the Japanese challenge to the Ontario Green Energy Act. 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.