What previous offences must be disclosed?
Paragraph 17 of the Bulletin provides that throughout the course of the Bureau’s investigation and subsequent prosecutions, the party must provide complete, timely and ongoing co-operation. In particular, subparagraph 17(b) requires that the party must reveal to the Commissioner and the DPP any and all conduct of which it is aware, or becomes aware, that may constitute an offence under the Act in which it may have been involved. A number of questions have been raised regarding what an applicant is required to disclose pursuant to this provision. The Bureau requires immunity applicants to disclose all competition offences under the Act of which they are aware and that relate to any product. Applicants will be expected to exercise reasonable due diligence in determining whether they have been involved in other criminal competition offences. Disclosure of the offences should be made as soon as possible after an immunity application and will be required before the Bureau recommends that th
