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Fasken Martineau wins a major bid-rigging case in the Ontario Superior Court

Fasken
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Case breaks new ground in the areas of competition, procurement and white collar criminal law

Fasken Martineau announced today that they have secured a victory in a major criminal bid-rigging case by jury trial.

Ottawa (Canada) - Fasken Martineau, a leading international business law and litigation firm, announced today that they have secured a victory in a major criminal bid-rigging case by jury trial. The accused in the case were six individuals and three corporations. Fasken Martineau litigators Peter Mantas and Pat McCann represented defendants TPG Technology Consulting and Philip McDonald.

All of the accused were charged with bid-rigging under section 47(2) of the Competition Act, conspiracy to bid-rig under section 465(1)(c) of the Criminal Code, and counselling an individual to bid-rig under section 464(a) of the Criminal Code. The allegations concerned responses to 10 Request for Proposals, in the summer and fall of 2005, for the Canada Border Services Agency, Public Works and Government Services Canada, and Transport Canada by several small and medium-sized companies in the Ottawa information technology consulting industry.

The Competition Bureau had conducted the investigation that lasted over three years before charges were laid in February 2009. On April 27, 2015, after an eight month trial, 11 jurors delivered 60 not guilty verdicts in the Ontario Superior Court of Justice. A guilty verdict could have resulted in major fines, imprisonment of up to five years, and the debarment of the companies and individuals preventing them from doing any business with the federal government for up to 10 years

“After an extremely lengthy process and subsequent eight-month trial, we are very pleased with the outcome for our clients as well as the other companies and individuals who were charged,” said litigators Peter Mantas and Pat McCann of Fasken Martineau’s Ottawa office.

“This is a significant result, which we expect will have an impact on how the Bureau pursues these kinds of cases, and how the federal government manages its procurements,” said Peter Mantas, head of the Ottawa Litigation group.

“The decision demonstrates that bid-rigging charges can be successfully defended,” added Fasken Martineau litigator Pat McCann.

Peter Mantas and Patrick McCann have extensive experience in litigating procurement and competition law cases. Pat, who recently joined the firm, is a veteran of the criminal bar. They are both members of Fasken Martineau’s newly-created White Collar Crime, Investigations and Compliance group that represent clients from the moment the authorities commence investigations through representation in court or before the relevant tribunal, in multi-jurisdictional white collar crime cases and investigations. Peter and Pat are also members of Fasken Martineau’s Litigation and Dispute Resolution practice group as well as our Antitrust/ Competition and Marketing group.

About Fasken Martineau

Fasken Martineau is a leading international business law and litigation firm. With more than 770 lawyers, the firm has offices in Vancouver, Calgary, Toronto, Ottawa, Montréal, Québec City, London, Paris and Johannesburg. For additional information, please visit the firm's website at www.fasken.com.

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