Compliance and Ethics in Canada

    12 PM EDT

    The program will present recent developments in Canada involving issues related to Compliance, Ethics, Attorney Client Privilege and Separate Individual Counsel in Cartel Cases.

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    Jeffrey Jacobovitz, Arnall Golden Gregory


    Melanie Aitken, Bennett Jones LLP
    Subrata Bhattacharjee, Borden Ladner Gervais LLP
    Majid Chararania, Director of Compliance at Competition Bureau
    Katherine Kay, Stikeman Elliott LLP

    FREE: Antitrust Section Members, Government, Non-Profit Employees, Students, $25 Other Non-Members.

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    The ABA is not seeking CLE credit for this program.

    Audio Archive: Provided all releases are obtained, MP3 recordings of this program will be available to Section members on the Committee Program Audio page.

    Event Details




    Sep 17, 2019

    2019-09-17T12:00:00-04:00 2019-09-17T13:00:00-04:00 Compliance and Ethics in Canada

    The program will present recent developments in Canada involving issues related to Compliance, Ethics, Attorney Client Privilege and Separate Individual Counsel in Cartel Cases.


    Katherine Kay

    Stikeman Elliott LLP

    Katherine Kay is a partner in the Litigation & Dispute Resolution and Competition & Foreign Investment Groups. She has served on the Partnership Board and Executive Committee, as well as the Management Committee in the Toronto office. Katherine leads the competition litigation group and her practice is concentrated on complex commercial litigation, frequently involving the overlap between regulatory, civil and criminal law regimes, and across multiple jurisdictions. Katherine was named as one of the Top 25 Women in Litigation and Competition Litigator of the Year by Benchmark Canada in multiple years, and has been described by Chambers Global as “virtually insurmountable in the area of competition litigation” and by Global Competition Review as "arguably the best competition litigator Canada has to offer". She is lead counsel on a broad range of cases dealing with all aspects of competition law, including criminal defence work, class and other civil actions, mergers, abuse of dominance and other reviewable matters before the Competition Tribunal. A major focus of Katherine’s practice is defence of class actions, where she has extensive experience in a wide range of cases, including those alleging anti-competitive conduct and securities law violations, product liability, franchise and consumer cases. Her class action practice emphasizes the key aspects of formulating and coordinating strategic responses, often working very closely with counsel in the United States, Europe and other jurisdictions; coordinating and directing multiple class actions across several Canadian jurisdictions; vigorous and highly effective advocacy before the relevant courts and tribunals; and negotiating, securing court approval and implementing settlements where appropriate. Katherine regularly acts for clients in regulatory and criminal proceedings arising from both competition and securities investigations. She has extensive advocacy experience before all levels of trial and appellate courts in Ontario, British Columbia, Québec, the Yukon Territory, the Federal Court of Canada, and the Supreme Court of Canada. She appears frequently before the Competition Tribunal, the Ontario Securities Commission, and other regulatory bodies.

    Majid Charania

    Competition Bureau Canada

    Melanie Aitken

    Bennett Jones (US) LLP
    Melanie Aitken is co-chair of the Bennett Jones LLP competition and foreign investment practice, and will become the Managing Principal of the firm’s office in Washington, DC. She specializes in global antitrust and competition law and litigation. Melanie most recently served as Canada's Competition Commissioner, in charge of the Canadian Competition Bureau. She headed the Bureau from 2009 to 2012, having previously served in the Bureau as the Senior Deputy Commissioner leading merger review, from 2006 to 2009. While serving as Commissioner, Melanie led many high-profile civil and criminal matters and worked extensively with leaders of international antitrust authorities around the world on enforcement and policy cases, holding leadership roles in key international organizations, such as the Steering Committee of the International Competition Network. Melanie is credited with revitalizing the Bureau as an active enforcement agency. Most notably, she led the introduction of major amendments to Canada’s competition laws, introducing a US-style second request merger review process in Canada, and a new per se criminal cartel offence. While establishing an unprecedented successful litigation record for the Bureau, Melanie initiated a landmark case that liberalized the Canadian real estate industry by removing rules that prohibited unbundled services, brought cases forward in significant matters (including a challenge to Visa and MasterCard over card acceptance rules, and challenging a merger to monopoly on a major airline merger); during her tenure, the Bureau won the first court-ordered merger prohibition since the 1990s. Pending completion of all necessary regulatory requirements, Melanie is practising from a base in the firm's Toronto office. She is not currently engaged in the practice of law in Washington, DC.

    Subrata Bhattacharjee

    Borden Ladner Gervais LLP
    Subrata Bhattacharjee is Co-Chair of the firm's National Trade and Competition group and a partner in the Toronto Litigation group.Described as "vastly experienced" and "high profile" by Who's Who Legal, Subrata has repeatedly been recognized as one of Canada's leading competition/foreign investment lawyers in Chambers Global: The World's Leading Lawyers for Business, Practical Law Company'sCross-Border Competition and Cross-Border Cartel Leniency Handbooks, Who's Who Legal'sInternational Who's Who of Competition Lawyers and Economists, Euromoney's Guide to the World's Leading Competition and Antitrust Lawyers, Lexpert and other major peer-rated surveys.Subrata focuses his practice on all aspects of competition/antitrust law, foreign investment law, regulatory litigation, including quasi-criminal and constitutional matters. He has extensive experience in providing counsel on cartel, merger clearance, and other contentious and compliance matters under the Canadian Competition Act. He has appeared as counsel in all levels of court in the Province of Ontario, the Federal Court and the Supreme Court of Canada.Subrata carries on an extensive foreign investment practice, and advises non-Canadian investors on Canadian foreign investment issues under the Investment Canada Act and other federal legislation. In this regard, he has advised foreign buyers, including state-owned enterprises, on some of the most high profile foreign takeovers in recent years. He is actively involved in the firm's International Business practice, and leads the firm's South and East Asia initiatives, with particular focus on Korea, Japan and India.He also provides high level advice on regulatory strategy and policy.


    Compliance and Ethics

    Section of Antitrust Law


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