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Practices

Cartels & Criminal Investigations

Fasken

If your company is faced with cartel and/or other criminal investigations, the financial cost is likely to be in the millions, if not billions of dollars globally, not to mention the reputational damage and the other far-reaching consequences that you have yet to think of, much less consider a strategy to address. When faced with this situation, businesses need to make difficult decisions quickly. Here’s where we come in. Our business-savvy and highly-regarded team of Competition, Marketing & Foreign Investment (CMFI) team defends clients under cartel and other criminal investigations and prosecution by competition enforcers. Where appropriate, we assist clients in exploring alternative resolutions, including seeking immunity or leniency.

We are experienced in coordinating with counsel in other jurisdictions to ensure consistency in defence strategy, themes and arguments, which is critical when faced with international or cross border investigations and prosecutions. We make careful strategy decisions in criminal cases so as not to prejudice defences in civil litigation and investigations in other jurisdictions. We also defend clients subject to parallel private actions, including class actions. 

We have represented clients in defending cartel and criminal investigations and/or related class actions involving a wide range of products including automobile parts, electronic components, credit cards, operating systems/applications software, foreign exchange products, chemicals and pharmaceutical products.

If you are facing a cartel or criminal investigation that involves or alleges anti-competitive activity, contact our CMFI lawyers to discuss your options.

If you aren’t facing such actions, still contact us to discuss how we can proactively help you prevent problems before they arise, through the design and implementation of compliance policies, training and audits.

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