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Canada: Record-setting fines a high note for Bureau, but jurisdiction questions remain

By  |  April 24, 2013

While Canada’s Competition Bureau reached a new high in its record-setting crackdown on bid-riggers, accomplished through two cases heard just more than two weeks apart, questions are now being asked about the ability for the country’s officials to establish jurisdiction offshore. The first case against Furukawa Electric Co., which pleaded guilty in Superior Court on bid-rigging charges, is notable due to the fact Furukawa does not have facilities within Canada. The company reportedly voluntarily agreed to hold the case within Canada. The second, against Yazaki corporation, which agreed to a near-$30 million fine for bid-rigging, is notable because while the case involved cars manufactured in Canada, the alleged meetings that occurred between executives took place outside of Canada and without participation from any Canadian resident. The fact that the incidents occurred outside of Canada was not contested due to the fact the cases involved subject-matter jurisdiction.

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