Category Archives: Media Recognition

Mark Warner was quoted in this CBC News report about the leaked Draft Canada / EU  Joint Interpretative Declaration on the Canada-European Union Trade Agreement (CETA) chapter on investor-state dispute settlement. (October 7, 2016) The Declaration aimed at satisfying critics of CETA in the EU in order to facilitate agreement by the EU Council, Member States and Parliament and ratification by Canada and the EU addresses the “right” to regulate, regulatory cooperation, public services, investor-state dispute settlement, commercial use of water and the use environmental, social and labour-related criteria in government procurement. Mr. Warner, a Canadian and U.S. lawyer, previously practiced trade and competition law in Brussels and as Legal Director of the Ontario Ministry of Economic Development & Trade advised Ontario in the CETA negotiations and on several NAFTA Chapter 11 Investor-State Arbitrations. Mr. Warner 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 Warner was interviewed on Bloomberg TV Canada and the Financial Post about the antitrust / competition notification and approval issues in the potential merger between the two leading Canadian potash producers, Potash Corp. of Saskatchewan Inc. and Agrium Inc. (August 30, 2016)  The merged firm would create a company with more than 46% of North American potash production volume or  62% of potash capacity, 30% of phosphate production capability and 29% of nitrogen capacity. Mark, a Canadian and U.S. attorney, has advised clients on international competition and trade matters in the potash industry in the past. 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 various Section Task Forces and 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 wrote an article in the August issue of PurchasingB2B Magazine discussing competition law  issues and enforcement trends and pro-active compliance steps for government agencies and other organizations that source construction or other services through tender processes and trade and professional associations whose members provide procurement-related services. (August 23, 2016) The new Canadian government elected last October has brought a new emphasis on infrastructure spending. In light of this, the Canadian Competition Bureau has indicated that it will heighten efforts to improve awareness about bid rigging and equip the procurement community and others with tools to prevent, detect and deter this damaging and illegal behaviour. Mark Warner is a Canadian and American competition / antitrust lawyer and is a former Legal Director of the Ontario Ministry of Consumer Services which administers the Condominium Act (Ontario) and in that role was responsible for prosecutions under the Consumer Protection Act (Ontario).

Mark Warner was quoted in the August issue of Condo Business Magazine about the Canadian Competition Bureau investigation of allegations of price-fixing and bid rigging in the supply of condominium refurbishment services in the Greater Toronto Area. (August 23, 2016) Mark is a former Acting Legal Director of the Ontario Ministry of Consumer Services which administers the Condominium Act (Ontario) and in that role was responsible for prosecutions under the Consumer Protection Act (Ontario). The Ministry is also responsible for two administrative authorities that enforce certain real estate-related consumer protection laws – the Real Estate Council of Ontario and Tarion Warranty Corporation.

Mark Warner was quoted in the Globe and Mail, the Chronicle Herald, the Winnipeg Free Press,  CBC News, CTV News, and Global News about Republican Presidential candidate Donald Trump’s threats to renegotiate or withdraw from the North American Free Trade Agreement (NAFTA) and the prospects prospects for resurrecting the 1987 Canada-U.S. FTA (CUSFTA) if US withdraws from NAFTA. (August 14, 2016)

Theoretically, NAFTA could remain in force between Mexico and Canada if both parties choose to do so. Canada considers CUSFTA as “suspended”, not terminated. It isn’t clear that the United States agrees with that characterization. Ultimately, the question of whether CUSFTA is suspended or terminated comes down to the intent of the parties as a matter of international law. As a practical matter, CUSFTA would only snap back if the new U.S. President agreed to that, and that could also easily be the subject of litigation in the U.S. or internationally. In any case, CUSFTA would likely have to be updated in some respects before it could come back into force and that would require negotiations and room for the “art of the deal” to be put to the test.

Mr. Warner, a Canadian and U.S. lawyer, 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 and 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 quoted in the Canadian Bar Association National Magazine article about the new British Columbia 15 per cent penalty tax on non-Canadian purchasers of residential real estate in the Greater Vancouver Regional District on all purchases registered from Aug. 2, 2016. (August 11, 2016) Mr. Warner, a Canadian and U.S. lawyer, 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 and 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 quoted in this article carried in Reuters, CNBC, the Daily Mail and Yahoo Finance on Brazil’s threat to challenge the Quebec Government’s financial support for Bombardier in the World Trade Organization (WTO). (July 15, 2016) Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade providing strategic legal advice with respect to the Ontario’s economic development, research and innovation grants and loans to corporations including Bombardier. In addition, Mr. Warner provided advice to the Government of Ontario on the design of the Green Energy Act and related WTO dispute settlement proceedings, participated in the Canada-European Union Trade Agreement (CETA) negotiations, and advised on various North American Free Trade Agreement (NAFTA) Chapter 11 investor-state arbitration matters involving Ontario. Mr. Warner, a Canadian and U.S. lawyer, has advised governments on trade policy and trade negotiations and previously worked on trade and competition issues as counsel in the OECD Trade Directorate. 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 asked to comment in the National Post (June 28, 2016) and CBC News (June 30, 2016) about Republican Presidential candidate Donald Trump’s protectionist trade policy speech threatening to renegotiate or withdraw from the North American Free Trade Agreement (NAFTA) and to withdraw from the Trans-Pacific Partnership Agreement (TPP). Mr. Trump also promised to ramp up the use of trade remedy laws and “Buy American” preferences for steel used in U.S. infrastructure  projects. Mr. Warner, a Canadian and U.S. lawyer, 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 and 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 interviewed about the June 23, 2016 United Kingdom referendum on leaving the European Union (Brexit) and the Canada-European Union Trade Agreement (CETA) in print on TVO (May 24, 2016),  Financial Post, CBC on television on CBC Power & Politics (June 24, 2016),  BNN and CBC The National (June 27, 2016). Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade and advised Ontario in the CETA negotiations and on several NAFTA Chapter 11 Investor-State Arbitrations. Mr. Warner, a Canadian and U.S. lawyer, has  previously worked on trade and competition issues as counsel in the OECD Trade Directorate. 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 expansion in 2004.

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Mark Warner was quoted in a Tax Notes International Article on the recent decision of the WTO Appellate Body on Panama’s challenge to certain Argentinian “defensive” measures on financial services and service providers from certain jurisdictions that do not cooperate or agree to information sharing in tax  enforcement. (April 19, 2016) The WTO Appellate Body circulated its decision on April 15th. The panel decision is particularly important in light of the recent threats by the G20, the European Union and the United States to sanction tax havens after the Panama Papers scandal. As counsel at the OECD Trade Directorate, Mr. Warner advised on harmful tax competition issues and previously worked on other trade and competition issues. Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade participated in the Canada-European Union Trade Agreement (CETA) negotiations including the chapters on investment and trade in services. Mr. Warner advises governments and business clients on trade policy, trade disputes and trade negotiations.