Category Archives: Publications

Mark Warner published a feature article “Trump, Trade & Tax Reform: Campaign Threats Meet Governing Reality?” in the Automotive Parts Manufacturers’ Association of Canada (APMA) Lead Reach and Connect Magazine. (June 14, 2017) 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 the Province’s legal team for the insolvency / restructuring of General Motors and Chrysler.  Mr. Warner also advised Ontario on trade and investment issues and disputes relating to the World Trade Organization (WTO) Agreements and the North American Free Trade Agreement (NAFTA) and the negotiations of the Canada-European Union (EU) Comprehensive Economic and Trade Agreement (CETA).  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 published his first bi-monthly “Meet the Competition” column in the Canadian Lawyer Magazine on “Fintech in Canada: Will the disruptors be disrupted?”. (February 27, 2017) The Canadian Competition Bureau launched a Fintech Market Study in May 2016 and held a Workshop on driving competition and innovation in the financial services sector in February 2017. Mark  chaired the first international Sharing Economy Symposium in Toronto in December 2015. He is a Canadian and U.S. trade and competition lawyer with experience working in financial services issues, including in the Economic Research and Securities Lending Departments of Wood Gundy, Inc. 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: as counsel in the OECD participating in 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 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 published a Comment in the Globe and Mail Report on Business on recent WTO dispute settlement decisions relating to tax avoidance and money laundering. (April 16, 2016) The recent Panama Papers unauthorized release of confidential documents for many offshore entities has, like the 2014 LuxLeaks release, shone a spotlight on tax havens and enforcement co-operation among tax authorities. Two recent WTO dispute settlement panel decisions involving Panama are particularly important in light of the recent threats by the G20 and the European Union to sanction tax havens after the Panama Papers scandal. The first case involves a challenge by Panama 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. The WTO Appellate Body circulated its decision on April 15th. The second cases involves a challenge by Panama to a compound tariff imposed on textile goods by Columbia to counter alleged money laundering. The WTO Appellate Body decision in this dispute is pending.

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.

Mark Warner published an Op Ed in the Sun Newspaper discussing the trade in Services and  the Temporary Entry of Business Persons provisions in the Trans Pacific Partnership (TPP) trade agreement. (October 19, 2015) Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade participated in the Canada-European Union Trade Agreement (CETA) negotiations, including on Cross-Border Trade in Services, Temporary Entry and Mutual Recognition of Professional Qualifications; and led the Province’s legal team for the insolvency / restructuring of GM and Chrysler. 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 published an Op Ed in the Sun Newspaper on the conclusion of the Trans Pacific Partnership (TPP) trade agreement, discussing trade in dairy products, rules of origin for auto parts, investor-state dispute settlement and patent rules for “biologic” pharmaceutical products. (October 6, 2015) Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade participated in the Canada-European Union Trade Agreement (CETA) negotiations, including on intellectual property and pharmaceutical patent issues, advised on several NAFTA Chapter 11 Investor-State Arbitrations and led the Province’s legal team for the insolvency / restructuring of GM and Chrysler. 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.

• The Canadian Law and Practice of International Trade: Second Edition (co-author with J.G. Castel, A. de Mestral, W.C. Graham, M. Hainsworth,  1997). (responsible for the Chapters on the International Competition Law and the Principles of International Business Conduct)

• “Exploring the GATS Implications of Integrating Competition Policy Disciplines into the WTO” in “Services 2000: New Directions In Services Trade Liberalization (Pierre Sauvé and Robert M. Stern eds., 2000)
• “Canadian Competition Policy in a Competitive Global Trading Environment”, with Calvin S. Goldman, Q.C. and John D. Bodrug, in  Global Competition Policy (E.M. Graham and J.D. Richardson, eds. 1997).
• “Private and Public Restraints on Trade: Effects on Investment Decisions and Policy Approaches to Them” in Market Access After the Uruguay Round: Investment, Competition and Technology Perspectives 123 (Pierre Sauvé and Americo Beviglia Zampetti, eds., 1996).
• “Private and Public Impediments to Market Presence: Exploring the Investment – Competition Nexus” in Investment Rules for the Global Economy: Enhancing Market Access Through Market Presence , (Pierre Sauvé and Daniel Schwanen, eds., 1996).
• “Competition Policy and North American Multinationals”, with E.M. Graham, in Multinationals in North America 463 (L. Eden ed., 1994).
• “A History of United States-Canada Trade and Investment Relations”, in Multinationals and Canada-United States Free Trade 16 (Alan M. Rugman ed., 1990).
• “Strategies for the Canadian Multinationals”, with Alan M. Rugman, in International Business in Canada:  Strategies for Management 200 (Alan M. Rugman, ed., 1989).

• “After Seattle: Is there a Future for Trade and Competition Policy Rule-making?”,  26 Brooklyn Journal of International Law 307 (2000).
• “International Competition Policy After ICPAC: Where Next”, Antitrust 46 (Summer 2000).
• “After Seattle: Is there a Future for Trade and Competition Policy Rule-making?”, 6 International Trade Law and Regulation 66 (June 2000).
• “Restrictive Trade Practices and the Extraterritorial Application of U.S. Antitrust and Trade Legislation”, 19 Northwestern J. Int’l. Bus. 330 (1999).
• “International Aspects of Competition Policy – Possible Directions for the FTAA”,  22 World Competition 1 (1999.
• “Globalization and Human Rights: An Economic Model”, 25 Brooklyn J. Int’l. L. 99 (1999).
• “Efficiencies and Merger Review in Canada, the European Community and the United States: Implications for Convergence and Harmonization”, 26 Vanderbilt J. of Transnat’l. L. 1059 (1994).
• “Competitiveness: An Emerging Strategy of Discrimination in U.S. Antitrust and R&D Policy?”, 25 L. & Pol. Int’l. Bus., with Alan M. Rugman, (1994).
• “Recent U.S. Protectionist R&D Policies: Are Canadian Multinationals Exempted?”, Canadian Bus. L. J., with Alan M. Rugman, (1994).
• “Foreign Ownership, Free Trade & the Canadian Energy Sector”, with Alan M. Rugman, 14 The Journal of Energy and Development, 1 (1988).

• “Thin ICPAC: Report on International Antitrust Enforcement Does not Dare Enough” The Legal Times, April 3, 2000 at 46 (considering implications of an international antitrust report to Attorney General Janet Reno).
• “Cutting Ourselves on Cuban Policy”, The Legal Times, March 11, 1996 at 26 (considering the implications of expanded sanctions on trade with Cuba).
• “Saarstahl, A.G. v. United States; Inland Steel Bar Co. v. United States, (Court of International Trade, June 7, 1994”, 88 Am. J. of Int’l. L. (1994) (considering countervailing duties on the exports of privatized companies).
• “Hunt v. Lac d’Amiante du Quebec, et al., [1993] 4 S.C.R. 289 (Canadian Supreme Court)”, 88 Am. J. of Int’l. L. (1994) (considering Canadian “blocking” statutes).