imagesJohn Pecman, the recently appointed  Commissioner of Canada’s Competition Bureau, has announced a new Criminal Cartel Whistleblowing Initiative to encourage members of the public to provide information to the Competition Bureau about possible violations of sections 45 to 49 of the Competition Act. These provisions criminalise a wide range of cartel conduct including price fixing, allocation of markets, restricting outputs and bid rigging.

The new programme is in addition to the general protection for whistleblowers already provided for in Canadian legislation, and demonstrates the Competition Bureau’s increasing focus on tackling violations of the criminal cartel offence. The Competition Act provides that any person who has reasonable grounds to believe that a person has committed (or intends to commit) an offence under the Act and notifies the Commission as such may request that their identity be kept confidential, and also prohibits employers from taking action against whistleblowers who act in good faith and on the basis of reasonable belief. Canada’s Criminal Code provides a wider protection for anyone who provides information to law enforcement officers with respect to any kind of offence committed by someone in their organisation.

The details of the Criminal Cartel Whistleblowing Initiative show a high degree of protection for the identity of individuals who come forward, with an assurance that any information used to enforce the offence will not reveal the Whistleblower’s identity and a guarantee that while individuals may be asked to testify in court they will not be required to do so.

The Competition Bureau already has immunity and leniency programmes in place to encourage self-reporting, and Pecman said that the new initiative was designed to “support increased reporting of anti-competitive behaviour, while ensuring the protection of individuals who come forward with such information.”

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About Michael O'Kane

Michael O’Kane is a partner and Head of the Business Crime team at leading UK firm Peters & Peters. Described as ‘first-rate’ (Legal 500 2012), he “draws glowing praise from commentators” (Chambers 2013) for handling the international aspects of business crime, including sanctions, extradition and mutual legal assistance. Called to the Bar in 1992 and prior to joining Peters & Peters he was a senior specialist prosecutor at the Crown Prosecution Service Headquarters(CPS). At CPS HQ he was a key member of a small specialist unit responsible for the prosecution of serious and high profile fraud, terrorist and special interest criminal matters including the Stansted Airport Afghan hijacking and the prosecution of Paul Burrell (Princess Diana’s butler). Michael joined Peters & Peters in 2002. He became a partner in May 2004, and Head of the Business Crime team in May 2009. Since joining Peters & Peters, Michael has dealt with a wide range of business crime matters. He has particular expertise in international sanctions, criminal cartels, extradition, corruption, mutual legal assistance, and FSA investigations. Described as“ an influential practitioner in fraud and regulatory work, so much so that he is top of the referral lists of many City firms for independent advice for directors” (The Lawyer’s Hot 100 2009), he was recognised as one of the UK’s most innovative lawyers in the 2011 FT Innovative Lawyer Awards and included in the list of the UK's leading lawyers in 'The International Who's Who of Asset Recovery 2012. In 2012 he was the winner of the Global Competition Review Article of the Year. Michael regularly appears on television and radio to discuss his specialist areas and he is the author of the leading textbook on the UK Criminal Cartel Offence “The Law of Criminal Cartels-Practice and Procedure” (Oxford University Press 2009). Recent/Current Sanctions Work • Representing 109 individuals and 12 companies subject to designation by the European Council under targeted measures imposed against Zimbabwe. This is the largest and most complex collective challenge to a sanctions listing ever brought before the European Court. • Acting for a former Egyptian Minister and his UK resident wife, challenging their designation by the European Council of Ministers under targeted measures brought against former members of the Egyptian Government. • Advising a company accused in a UN investigation report to have breached UN sanctions imposed in relation to Somalia. • Advising a UK company in relation to ongoing commercial relationships with an Iranian company listed under both EU and UN sanctions. • Advising an individual in relation to a UK investigation for alleging breaching nuclear export controls.

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