Category Archives: Speeches and Conference Panels

Mark Warner participated in a Conference to address Global Tax Initiatives Affecting Trade and Investment in Services in Panama with Aristides Royo, Former President of Republic of Panama, Gian Castillero, President of the Panamanian Association of International Lawyers and  Daniel J. Mitchell, Senior Fellow at the Cato Institute. (November 19, 2015) Mark will discuss recent international tax and investment initiatives of the OECD, UNECOSOC, UNCTAD and the Argentina / Panama WTO panel decision on countermeasures on services and service suppliers from jurisdictions that do not exchange information for the purposes of fiscal transparency.

Mark has advised on foreign corrupt practices, foreign asset controls, anti-money laundering and export controls issues, including assisting various multinational firms in developing compliance programs in these areas. Notable work included: advising a multinational pharmaceutical company in connection with corruption issues relating to its “access” drug distribution program in Africa; advising on the OECD horizontal work on Harmful Tax Competition and Financial Disclosure as an OECD legal counsel and in private practice; and serving as a member of the Task Force on Information Exchange and Financial Privacy of the Prosperity Institute, chaired by former Senator Mack Mattingly and with former Congressman Jack Kemp and former U.S. Attorney General Ed Meese.

Mark Warner lectured at Ivey Business School at Western University on Business, Government & Globalization Issues in Investor-State Dispute Settlement, Prosecution of Foreign Bribery & Corruption and Corporate Social Responsibility and Foreign Affiliate Liability. (November 9, 2015)  Mark was Legal Director of the Ontario Ministry of Economic Development & Trade participated in the Canada-European Union Trade Agreement (CETA) negotiations and advised on several NAFTA Chapter 11 Investor-State Arbitrations.  Mark 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 has advised on foreign corrupt practices, foreign asset controls, anti-money laundering and export controls issues, including assisting various multinational firms in developing compliance programs in these areas.

Mark Warner participated in the Canadian Business Ethics Research Network (CBERN) Educating for Integrity Conference at Schulich School of Business, York University in Toronto. (November 5, 2015) Mark will be a discussant on the plenary panel on “What is Driving Corruption in 21st Century Local & Global Markets?”.

Mark has advised on foreign corrupt practices, foreign asset controls, anti-money laundering and export controls issues, including assisting various multinational firms in developing compliance programs in these areas. Notable work included: advising a multinational pharmaceutical company in connection with corruption issues relating to its “access” drug distribution program in Africa; advising on the OECD horizontal work on Harmful Tax Competition and Financial Disclosure; and serving as a member of the Task Force on Information Exchange and Financial Privacy of the Prosperity Institute, chaired by former Senator Mack Mattingly and with former Congressman Jack Kemp and former U.S. Attorney General Ed Meese.

Mark Warner lectured on Competition, Trade & Investment Issues Affecting the Pharmaceutical Industry at the Rutgers Institute for Information Policy and Law. (April 9, 2015) Mr. Warner discussed: the Canadian Competition Bureau approach to patent litigation “pay for delay” settlement agreements; Eli Lilly’s $500 million North American Trade Agreement (NAFTA) Chapter 11  investor-state arbitration claiming that Canadian patent laws unfairly discriminate against pharmaceutical companies; and pharmaceutical issues in the Canada-European Union Trade Agreement (CETA) and Trans-Pacific Partnership Agreement (TPP) negotiations. 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 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 discusses Competition, Corruption and Corporate Governance at Seminar at the Fundação Getulio Vargas (FGV) School of Business Administration (EAESP) in São Paulo on April 6, 2015. The seminar will discuss the ongoing investigation of Brazil’s state petroleum company, Petrobras which has now implicated more than a dozen multi-national construction companies for alleged bid-rigging. Mark will draw parallels with the ongoing prosecution of SNC-Lavalin relating to allegations of fraud and corruption in connection with alleged bribes to foreign public officials and for alleged fraud relating to construction of the Great Man Made River Project in Libya and the prosecution of former executives of SNC-Lavalin relating to alleged bribes of SNC-Lavalin paid for a contract to build a hospital in Montreal. [VIDEO starts around 1:29:58 and ends around 2:09:10]

• “Leniency and Multijurisdictional Cartel Enforcement in Canada, the E.U. and the U.S.:  Risks and Rewards”, Paper presented to the University of Minnesota Law School Conference on Global Antitrust Law and Policy, Minneapolis.
• “Recent Developments in Antitrust:  A Global Review,” Panel Participant at the ABA Section of Business Law Annual Meeting, Washington, D.C. August.
• “Remarks on Competition Policy, Outreach and Technical Assistance” Presentation on behalf of the Business and Industry Advisory Committee to the OECD at the OECD Global Forum on Competition, Paris.
• “The Globalization of Antitrust Law:  Lessons From GE/Honeywell and Other Recent Developments,” Program Chair, Practising Law Institute (PLI) Web Conference on New York.
• Secretary of State’s Advisory Committee on Private International Law Study Group on Enforcement of Foreign Judgments” Washington, D.C.
• “International Antitrust for the U.S. Lawyer” Presentation to New York ACCA, New York.
• “Rising to the Challenges:  The Rule of Public Law and Regulators” Rapporteur’s Report to the Ditchley Park Competition Policy in a Globalized Economy Conference, Oxford.
• “Comity and Cooperation at the Crossroads: Rationalizing International Antitrust Enforcement” Speech to the 1998 Conference Board 1998 Antitrust Conference Program on “Antitrust Issues in Today’s Economy, New York City.
• “Cooperation Versus Centralization: Different Strokes for Different Folks” Paper presented to the Conference on Global Markets, Competition and Democracy: Objectives and Methods in the Allocation of Antitrust Enforcement Powers sponsored by the Universita Catholica del Sacro Cuore and Camera di Commercio Industria Artigianato E Agricoltura di Milano, Milan, Italy.
• “Extraterritorial Application of National Laws Regulating Business Activities”, Speech to Ditchley Foundation Conference on this theme, Oxford, U.K.

• “What Level Playing Field: How OECD Proposals Discriminate Against Developing Countries”, Speech to a Heritage Foundation and Friedrich Naumann Foundation Conference, Berlin.
• “The FTAA, Regional Trade Agreements and Small States: Risks and Opportunities”, Speech to a Landfall Centre Conference, Nassau, the Bahamas.
• “How OECD Tax Proposals Violate International Trade Norms”, Speech to the Center for Freedom & Prosperity Roundtable on International Tax Issues, Ottawa.
• “The Patriot Act: International Issues” Lecture, Finnis Terrae University, Santiago, Chile.
• “The Patriot Act: New Rules for Financial Institutions and Broker-Dealers – International Issues”, Presentation to Joint Hughes Hubbard & Reed LLP and Kroll Inc. Luncheon Program, Miami.
• “The Patriot Act and the Bank Secrecy Act: International Issues” Presentation to Joint Hughes Hubbard & Reed LLP and Kroll Inc. Luncheon Program, New York.
• “Offshore Finance:  What is the Future?” Speech to Caribbean Latin American Action Annual Meeting, Miami.
• “The OECD Harmful Tax Competition Initiative: A Violation of WTO Obligations”, Speech to the Capitol Hill Club, Washington, D.C.
• “The OECD Harmful Tax Competition Initiative:  A Discriminatory Policy” Presentation to the Panamanian Business Managers Association First Forum on the Competitiveness of Panama’s Service Export Industries, Panama City.
• “Competition Policy and Corporate Governance in a Globalized Economy: Are German and Japanese Interests Special?” Paper presented to an  International Conference on Japan and Germany in a Globalizing Economic Environment: Saving Institutional Strengths or Radically Converging on International Standards? Sponsored by Asia-Pacific Economic Research Institute and the Friedrich-Ebert-Stiftung (FES), Duisberg University – Mercatorhaus, Germany.

• “After Seattle: Is there a Future for Trade and Competition Policy Rule-making?” Keynote Address to the Third Annual Latin American Roundtable on Competition & Trade Policy Sponsored by the University of Miami School of Law and Steel Hector & Davis LLP, Coral Gables, Florida.
• “Exploring the GATS Implications of Integrating Competition Policy Disciplines into the WTO”, Paper presented to the World Services Congress, Atlanta.
• “Globalization and Human Rights: An Economic Model”, Paper Presented to a Brooklyn Law School Symposium on the Universal Declaration of Human Rights at 50 and the Challenges of Global Markets, Brooklyn.
• “Linkages and International Rule Making: Comparing the Trade/Investment and Trade/Competition Experience” Paper presented to the Conference on Linkage as a Phenomenon: An Interdisciplinary Approach organized by the American Society of International Law International Economic Law Interest Group, Washington, D.C.
• “The Devil’s Advocate or the Advocate’s Devil?: Determining the Status of Helms-Burton in International Law” Paper Presented to the Fall Meeting of the New York State Bar Association International Section International Trade Committee Monte Carlo, Monaco.
• “Competition Law and Comparative International Integration”, Paper presented to the American Society of International Law: International Economic Law Group Conference on Institutions for International Economic Integration, Washington, D.C.
• “Private and Public Impediments to Market Presence: Exploring the Investment – Competition Nexus”, Paper presented to a Joint Conference of the C.D. Howe Institute/Canadian Economics Association/Organization of Economic Cooperation and Development, Montréal, Canada.
• “Private and Public Restraints on Trade: Effects on Investment Decisions and Policy Approaches to Them”, Paper presented to the Trade Committee of the Organization for Economic Cooperation and Development, Paris.
• “Conditional National Treatment, Performance Requirements and Other Hobgoblins on the Hill”, Panel Discussion sponsored by the ABA Section of International Law and Practice, Washington, D.C.

• “The Regulated Conduct Defense: Old Whine, New Wine”, FMD Antitrust / Competition & Marketing Law Seminar, National Club, Toronto.
• “Monopolization in U.S. Antitrust Law: Cases and Developments”, Northwind Professional Institute Conference, Langdon Hall.
• “Key Competition / Antitrust Issues in Canada – U.S. Cross-Border Merger Notification and Review”, Association of Corporate Counsel Seminar, Toronto.
• “Key Differences Between U.S. and Canadian Antitrust / Competition Laws”, Association of Corporate Counsel Seminar, Toronto.
• “Empagran and Extraterritoriality – Should Foreign Cartel Victims Recover in U.S. Courts?”, Speech to a British Institute of International and Comparative Law Conference, London.
• “Investor-State Dispute Settlement under NAFTA” Speech to the Indiana University Kelley School of Business Conference on NAFTA and the Environment:  Doing Business in a Free Trade World, Indianapolis.
• “The Challenges of Integration for Competition Policy”, Speech to an Institute for Research on Public Policy Workshop on a Roadmap to North American Integration, Toronto, Canada.
• “Recent Changes in Hart-Scott Rodino:  What Every In-House Counsel Should Know” Presentation to New York ACCA, New York.
• “Trends in Defining and Proving Conspiracy:  Some International Reflections” Presentation to the Conference Board 2001 Antitrust Conference, New York.
• “NAFTA – The Report of the NAFTA Task Force on Competition, Jurisdiction and Harmonization”, ABA Section of Antitrust Law, Presidential Showcase Program, Annual Meeting, New Orleans.

• “EU Enlargement and Competition Law  Modernization: Are you ready?”, Speech to Cobbett’s Law Firm Conference, Manchester.
• “Mergers: Are the EU and U.S. Models Converging”, Speech to the British Institute for International & Comparative Law (BIICL), London.
• “Recent Developments in EU Merger Law: Grappling with Issues of Dominance”, Speech to the Competition Law Committee of the Northern Provinces, Johannesburg.
• “Recent Developments in European Competition Law,” Presentation to the European Affairs Committee of the USCIB, New York.
• “Overview of Expectations after Singapore of the Global Competition Regimes”, Speech to a Conference on Trade Policy and Competition, organized by the E.C. PHARE Multi-country Trade Development Programme, Bled, Slovenia.