Tag Archives: Canadian Lawyer

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 interviewed on Bloomberg North about the impact of remaining Canadian and U.S. economic sanctions, export control measures and foreign corruption concerns on trade and investment with Iran one year after the “nuclear deal” was signed. (August 15, 2016) Mark, a Canadian and U.S. attorney, is a former Legal Director of the Ontario Ministry of Economic Development & Trade and has worked on trade and competition issues as counsel in the OECD Trade Directorate. He advises 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 has also 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. 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 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 interviewed on AM630 in Edmonton about  threats in the U.S. election campaign to renegotiate or withdraw from the North American Free Trade Agreement (NAFTA) and opposition to the Trans-Pacific Partnership Agreement (TPP). (August 3, 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 interviewed on AM980 in London, Ontario about Republican Presidential candidate Donald Trump’s threats to renegotiate or withdraw from the North American Free Trade Agreement (NAFTA). (July 21, 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.

[From 11:13 to 20:45]

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 interviewed on BNN and Bloomberg TV Canada about the European Commission’s decision to recommend that the Canada-European Union Trade Agreement (CETA) be considered a “mixed agreement” requiring ratification by the EU Council, the EU Parliament and the 28 EU Member States. (July 5,, 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.

Mark Warner was interviewed on Bloomberg Canada about trade issues arising in the North American Leaders Summit (June 29, 2016) and commented on the proposed trilateral coordinated compliance efforts and information sharing regarding the enforcement of anti-dumping and countervailing measures on steel products. Mr. Warner also discussed Republican Presidential candidate Donald Trumps threat to withdraw the United States from the North American Free Trade agreement (NAFTA) and proposed “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.