Tag Archives: CETA

Mark Warner was quoted in the Financial Post about U.S. demand for Canadian extension of the “data exclusivity” period for biologic drugs in the  renegotiation of the North American Free Trade Agreement (NAFTA). (September 24, 2018) Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade and advised Ontario in the negotiation of the Canada – EU Trade Agreement (CETA) including on drug pricing and patent appeals and on other trade and investment negotiation and dispute settlement matters including NAFTA . Mr. Warner, a Canadian and U.S. lawyer, has advised pharmaceutical companies on pricing, distribution and other competition and trade matters. Mr. Warner has also 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 Canada Talks Sirius XM167 about Canadian and United Kingdom Government responses to the U.S. Department of Commerce and the U.S. International Trade Commission antidumping and countervailing duty investigations  into  the Bombardier C-Series planes. (September 12, 2017)  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. Mr. Warner, a Canadian and U.S. lawyer, advises governments, companies and industry associations on trade policy and trade negotiations and previously worked on trade and competition issues as counsel in the OECD Trade Directorate, including trade law advice on the OECD Export Credits Arrangement.

Mark Warner was interviewed by CBC News on the delay in the preliminary implementation of the Canada-European Union Trade Agreement (CETA) in connection with Prime Minister Trudeau’s meeting with the new Prime Minister of Ireland, Leo Varadkar. (July 3, 2017) At the subsequent G20 Meeting in Hamburg Jean-Claude Juncker, President of the European Commission and Prime Minister agreed to set the date of 21 September 2017 to start the provisional application of the CETA “thus allowing for all the necessary implementing measures to be taken before that date.” 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.

Mark Warner was interviewed on CBC’s On the Money about the triggering of the “Article 50” process to launch negotiations for the United Kingdom to leave the European Union and the implications for Canada from Brexit. (March 29, 2017) Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade and advised Ontario in the Canada-European Union (EU) Comprehensive Economic and Trade Agreement (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.

Mark Warner appeared on Global National commenting on the speech by the Governor of the Bank of Canada, Stephen Poloz, touting the advantages of openness to more foreign investment, immigration and free trade in the wake of the threats to the North American Free Trade Agreement (NAFTA) and immigration and refugee concerns arising from the Trump Administration in the United States. (March 28, 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 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 advised on procurement issues in the Canada-U.S. Agreement on Government Procurement, 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.

Mark Warner was interviewed on Sirius XM Arlene Bynon Show about the latest threats by the Belgian Wallonia region to block the final EU ratification of the Canada-European Union Trade Agreement (CETA) (March 27, 2017) 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.

Sirius XM

Mark Warner participated in a panel discussion at the University of Toronto on the future of mega-regional trade agreements in light of the demise of the Trans-Pacific Partnership Agreement (TPP), uncertainty over the final ratification and application of the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) and pending renegotiation of the North American Free Trade Agreement (NAFTA). (March 7, 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 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. 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 on BNN and CBC On the Money about Canadian Prime Minister Justin Trudeau’s Cabinet shuffle involving his trade team and implications for trade with the United States and China. (January 10, 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 advised Ontario in the Canada-EU Trade Agreement (CETA) negotiations, on procurement issues in the Canada-U.S. Agreement on Government Procurement 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.

I published this 2016 Year in Review – Personal Reflections on LinkedIn:

As I reflected on the year just passed, I have been considering the media commentary that I gave on a range of trade, competition, investment, sanctions and innovation issues. I thought that the start of a new year would be a good opportunity to review and update a few areas that I expect to be thinking about and working on in 2017.

At the close of 2015, I chaired a first of its kind Canadian Sharing Economy Symposium in Toronto and 2016 started off with my participating in an insightful Canadian Competition Bureau Workshop on Disruptive Competition. In 2017, one area where I expect these issues to come into sharper focus is the role of Fintech as a disruptor or enabler for Canada’s big banks.

Trade law is another area where the theme of disruption seemed to dominate the landscape in 2016. This was exemplified by the stunning Brexit vote in the UK, the tumultuous conclusion of the CETA negotiations, the apparent stalling of the TPP and the threats from candidate, now President-Elect, Donald Trump to renegotiate or terminate NAFTA. 2017 will probably not offer much clarity on any of these fronts. The UK will likely trigger Article 50 to commence Brexit negotiations with the European Union, the final ratification and implementation on CETA will depend on the outcome of cases before the European Court of Justice, TPP may be frozen in suspended animation until a propitious time arrives for a rebranding if not a renegotiation, and Canada and Mexico wait to see what exactly President Trump wants to do with NAFTA. One likely target may be renewed “Buy American” programs in connection with his ambitious infrastructure spending proposals and another may involve addressing recurring U.S. concerns about competitive disadvantage from the Value Added Tax (VAT) in Mexico or the Goods and Services Tax (GST) in Canada.

This trade negotiation uncertainty is set against the backdrop of renewed bilateral trade disputes relating to Softwood Lumber and potential WTO trade disputes involving Canadian government support to Bombardier’s civil aircraft production. However, despite the continuing debates around the merits of investor-state dispute settlement in trade agreements, one pending NAFTA Chapter 11 challenge by TransCanada relating to the approval of the Keystone XL pipeline project will likely be resolved with the election of President Trump and the near certain approval of the project.

Just as infrastructure is emerging as a potential flash point in trade, it is also on the agenda of competition enforcement. More often than not, concerns arise around bid-rigging highlighting the need for 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. One area of enforcement activity for the Canadian Competition Bureau in 2016 was in the supply of condominium refurbishment services in the Greater Toronto Area and this can be expected to continue into 2017.

In 2016, international issues also continued to be noteworthy in competition law and policy and in the cross-border merger context in particular. In 2017 these issues can be expected to be in the spotlight in connection with the proposed notification and approval of the potential merger between the two leading Canadian potash producers, Potash Corp. of Saskatchewan Inc. and Agrium Inc. This is of particular interest given the divergent views of the Canadian and U.S. antitrust agencies on the claimed efficiencies in connection with the proposed acquisition of chemical producer Canexus Corporation by Superior Plus Corporation. While the Canadian Competition Bureau cleared the merger, in the United States, the Federal Trade Commission (FTC) announced that it would challenging the transaction and in the end the transaction was abandoned.

Economic sanctions were another area of great international enforcement cooperation and convergence in 2016 with the easing of U.S. and international sanctions on Iran and U.S. sanctions on Cuba. This policy disruption opened a world of trade and investment opportunities but 2017 is likely to give way to renewed uncertainty until President Trump clarifies his intentions.

Another area of policy disruption where international legal issues and competition issues will continue to intersect is the efforts to legalize the sale and distribution of marijuana in Canada. In 2017, the contours of the regulatory landscape that will define the conditions of competition for producers and retailers should come into sharper focus.

On a personal level, a high point of 2016 for me was being invited to serve as a panelist at the All-American Regional Round of the 14th annual European Law Students’ Association (ELSA) Moot Court Competition on WTO Law, participating in an International Trade Panel at the 2016 Asian Canadian Law Students Conference, and speaking on international sales agreements and business formation in a Kyiv Chamber of Commerce & Industry Workshop on Accessing the Canadian Market.

2016 was a fun and interesting year, and in 2017 I look forward continuing to work on cutting-edge issues of innovation, competition, investment and trade giving advice to businesses and trade associations on compliance, governance and transactions and to governments on legislative and regulatory design.

And so let me take this opportunity to offer all of you, my very best wishes for a productive and a prosperous new year!

Mark Warner participated in a Canadian Friends of the London School of Economics and Political Science (CFLSE) panel discussion on the implications for Canada from Brexit, the Canada-European Union Trade Agreement (CETA) and trade policy in the wake of the election of Donald Trump in the United States. (November 30, 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.