Tag Archives: USMCA

Mark Warner was interviewed on BNNBloomberg about TC Energy’s decision to challenge President Biden’s executive order revoking the KeystoneXL pipeline permit under the legacy NAFTA Chapter 11 investor-state dispute arbitration system. (July 5, 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. Mark was Legal Director of the Ontario Ministry of Economic Development & Trade and 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 dispute arbitrations (including the Ambassador Bridge, Adam’s Mine and St. Mary’s Cement), and on the Canada-U.S. Agreement on Government Procurement. In addition, Mark, led the Province’s legal team for the insolvency / restructuring of General Motors and Chrysler in the difficult context of the 2008-2009 Recession. 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 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’s experience includes negotiating and drafting Government of Ontario grant and loan agreements and equity investments for clean energy (solar and wind) projects. Mark has provided competition law advice to a major oil company concerning oil refining and retail distribution in North America and advised on the first ever post-accession European Commission notification of a merger involving two of Central Europe’s largest refiners of crude oil. Earlier in his career, Mark participated in an international arbitration relating to the expropriation of the assets of a U.S.-based oil company in Libya and related issues under applicable sanctions and foreign asset control rules.

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 quoted in the Financial Post and about the Nord Stream 2 Russia – Germany pipeline and the curious case of the Michigan – Enbridge Line 5 pipeline dispute and was interviewed by the Financial Post about the ongoing pipeline troubles between the U.S. and Canada. (June 17, 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 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 dispute arbitrations (including the Ambassador Bridge, Adam’s Mine and St. Mary’s Cement), and on the Canada-U.S. Agreement on Government Procurement. In addition, Mark, led the Province’s legal team for the insolvency / restructuring of General Motors and Chrysler in the difficult context of the 2008-2009 Recession. 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 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’s experience includes negotiating and drafting Government of Ontario grant and loan agreements and equity investments for clean energy (solar and wind) projects. Mark has provided competition law advice to a major oil company concerning oil refining and retail distribution in North America and advised on the first ever post-accession European Commission notification of a merger involving two of Central Europe’s largest refiners of crude oil. Earlier in his career, Mark participated in an international arbitration relating to the expropriation of the assets of a U.S.-based oil company in Libya and related issues under applicable sanctions and foreign asset control rules.

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 by CBC News about the Canada Border Services Agency preliminary determinations of dumping and subsidizing with respect to certain upholstered domestic seating from China and Vietnam and similar tariffs in the U.S. (May 31, 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 & Tradeand 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 was interviewed on NPR‘s flagship business news radio program Marketplace about about the U.S. challenge under the new United States Mexico Canada Agreement (USMCA) with regard to allocation how Canada allocates its dairy tariff-rate quotas. (May 26, 2021) Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, D.C., New York and Brussels 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-EU Trade Agreement and the Canada-U.S. Agreement on Government Procurement), advised on trade disputes (including the Green Energy Act and related WTO dispute settlement proceedings, and softwood lumber) and on various NAFTA Chapter 11 investor-state arbitration. 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.

[Listen from 34:37]

Mark Warner was on a CBC News Power & Politics panel about about the U.S. challenge under the new United States Mexico Canada Agreement (USMCA) with regard to allocation how Canada allocates its dairy tariff-rate quotas and increased U.S. tariffs on imported Canadian softwood lumber. (May 26, 2021) Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, D.C., New York and Brussels 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-EU Trade Agreement and the Canada-U.S. Agreement on Government Procurement), advised on trade disputes (including the Green Energy Act and related WTO dispute settlement proceedings, and softwood lumber) and on various NAFTA Chapter 11 investor-state arbitration. 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.

[Listen from 34:37]

Mark Warner was interviewed on Global News Radio AM640 about about U.S. / Canadian trade relations under President Biden in the wake of the U.S. challenge under the new United States Mexico Canada Agreement (USMCA) with regard to allocation how Canada allocates its dairy tariff-rate quotas and increased U.S. tariffs on imported Canadian softwood lumber. (May 26, 2021) Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, D.C., New York and Brussels 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-EU Trade Agreement and the Canada-U.S. Agreement on Government Procurement), advised on trade disputes (including the Green Energy Act and related WTO dispute settlement proceedings, and softwood lumber) and on various NAFTA Chapter 11 investor-state arbitration. 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.

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).