Tag Archives: Deferred Prosecution Agreement

Mark Warner was featured in the National Post talking about Canada barring a US subsidiary of Teva Pharmaceuticals, an Israeli-based generic pharmaceutical company from contracting with the Canadian government until spring 2025 for its role in a “domestic antitrust cartel” in the U.S. (November 27, 2023) 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. At the OECD, Mark participated in the negotiations of the proposed Multilateral Agreement on Investment and represented the OECD at meetings of the WTO Working Groups on Trade and Competition Policies and Trade and Investment Policies.

Mr. Warner 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.

Mark 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 (including on IP, patent litigation and drug reimbursement issues) and the Canada-U.S. Agreement on Government Procurement). As Legal Director of the Ontario Ministry of Economic Development & Trade and the Ministry of Research & Innovation, he also advised Ontario on on economic development, research and innovation grants and loans to corporations, including leading global pharmaceutical companies for research, manufacture and clinical trial projects. As Legal Director of MRI, Mr. Warner 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 interviewed on Newstalk 1010 discusses the issues involved in the decision of the Director of Public Prosecutions not to invite SNC-Lavalin to negotiate a “remediation agreement” (deferred prosecution agreement) in connection with certain criminal charges in relation to the Corruption of Foreign Public Officials Act. (February 28, 2019) 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. Mr. Warner worked on trade and competition issues as counsel in the OECD Trade Directorate and participated in the negotiation of the OECD Anti-Bribery Convention. Mr. Warner was also Legal Director of the Ontario Ministry of Economic Development & Trade led the Province’s legal team for the insolvency / restructuring of General Motors and Chrysler, 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.