Annual Fall Conference on Competition Law
Date:
September 1 2000
International conspiracies involving foreign corporations, particularly those with no business presence in Canada, present both substantive and procedural jurisdictional challenges for competition authorities seeking to prosecute those corporations and their individual employees under section 45 of the Competition Act, R.S.C. 1985, c. C-34 (as amended) (“Competition Act”). These challenges stem from the fact that the criminal jurisdiction of the Canadian courts is grounded in a principle of territoriality which, as a general rule, limits their jurisdiction to offences that occur, and offenders who are found, within Canadian territory.
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