What happens if a witness refuses to co-operate with the Bureau’s investigation?
A witness that refuses to provide complete, timely and ongoing co-operation with the Bureau’s investigation may be “carved out” of the immunity agreement. Paragraphs 20 and 21 of the Bulletin provide that current directors, officers and employees will qualify for the same grant of immunity as their employer if they provide complete, timely and ongoing co-operation. Current agents and former directors, officers, employees and agents may also qualify on a case by case basis. The co-operation required from such individuals, as set out in paragraph 17 of the Bulletin, includes, among other things, an obligation to provide full, complete, frank and truthful disclosure of all non-privileged information, evidence or records in the applicant’s possession, under its control or available to it, wherever located, that in any manner relate to the anti- competitive conduct. There must be no misrepresentation of any material facts. No current director, officer, employee or agent will be carved out o
