Is cartel conduct outside Canada covered by the prohibition?
As indicated in question 1.2 above, it is a criminal offence for corporations that carry on business in Canada to implement a directive or instruction from a foreign corporation or person which would, if entered into within Canada, amount to a breach of the section 45 conspiracy provisions of the Act. Where foreign conspiracies have an impact in Canada or are directed at Canada, they will be investigated by the Commissioner. Over the past several years, many foreign corporations have negotiated guilty pleas in such circumstances, although the extent of the Canadian courts’ jurisdiction over extra-territorial cartels has not yet been established.
