Guy Pinsonnault*
613.691.6125, 514.987.5063
- English
- French
Guy Pinsonnault is recognized as an authority in competition and antitrust law and white collar defence. He advises clients on compliance with Canadian business regulations, and represents them in litigation with a focus on Canadian and international cartel and commercial crime matters. Guy’s clients represent a range of industries, including the automotive, construction and media, communications and entertainment sectors.
Appearing before superior courts, the Federal Court, Québec’s Court of Appeal and the Supreme Court of Canada, Guy is consistently recognized as a leading competition / antitrust litigator and legal advisor by a variety of legal directories.
Having acted as crown attorney for more than thirty years, Guy’s extensive criminal law and competition law experience includes local, national and cross-border corporate crime investigations relating to allegations of foreign corrupt practices, fraud, commercial crime and other white collar offences. His work includes multijurisdictional files for the Competition Bureau with the United States Department of Justice Antitrust Division, as well as the RCMP Commercial Crime Division, the Integrated Proceeds of Crime Unit and Québec’s permanent anti-corruption unit (UPAC).
Prior to joining McMillan, Guy was the general counsel of the Competition Law Section, Public Prosecution Service of Canada, where he focused on the prosecution of criminal cartel matters as well as bid-rigging and fraudulent misrepresentation. He also advised on Competition Bureau policies and practices relating to search and seizure, wiretaps, immunity and plea agreements.
Approved as an independent third-party under the federal Integrity Regime, Guy provides expert advice to Public Services and Procurement Canada (PSPC) on competition law and the fraud sections of the Criminal Code.
Expertise
Speaking Engagements
Procurement and alternate routes to accountability, GCR Cartel Conference, Washington, DC, Panel Moderator
April 2022Deferred Prosecution Agreements in the US and Canada, CBA Competition Law Section Criminal Matters Committee, virtual event, Session Speaker
April 2022Ensuring effective deterrence: Which criteria should be taken into account when calculating fines?, ICN Cartel Workshop, Lisbon, Moderator
November 17, 2021Cartel detection and leniency programs around the world: current challenges, Virtual Roundtable, American Bar Association
June 2021The Proper Boundaries of Criminal Enforcement and the Rise of Domestic Cartel Enforcement panelist, CBA Competition Law Fall Online Symposium
October 2020Proposed Moderator Questions for the Criminal Deceptive Marketing Practices, Brownbag Session Panelist, Canadian Bar Association - Teleconference
November 2019Remediation/deferred prosecution agreements, monitor appointments, leniency programs & other investigation resolution outcomes Discussion Leader Northwind's 2nd Internal and Enforcement Investigations Invitational Forum, Cambridge, Ontario
June 2019The Uncertain State of Immunity & Leniency Panelist CBA Competition Law Spring Conference, Toronto, Ontario
May 2019The state of leniency Panelist GCR Live - 4th Annual Cartels, Washington, DC
March 2019ICN Cartel Workshop 2018 Mini Plenary 8: Fines – finding the right balance, Non-Governmental Advisor Moderator International Competition Cartel Working Group, Tel Aviv, Israel
October 20182017-2018 ICN Cartel Working Group – SG1 Speaker Webinar on Parental Liability
March 2018ICN Cartel Workshop 2017 Breakout Session #11 - When civil servants go bad: what to do when a government procurement agency is involved in big-rigging Panelist, Non-Governmental Advisor International Competition Cartel Working Group, Ottawa, Ontario
October 2017Parental Liability Speaker ICN CWG SG1 Webinar
September 2017Whither Section 45? Criminal Conspiracies Under the Microscope Speaker CBA Competition Law Spring Conference, Toronto, Ontario
May 2017Guilty Pleas 101 – The Nuts and Bolts of Guilty Pleas Panelist CBA Criminal Matters Committee Brown Bag Session, Teleconference
January 2017La Responsabilité des Organisations Panelist Édition Blais, Montréal, Québec
November 2016A Time for a Reboot? Exploring a Fresh Approach to Immunity and Leniency Programs Speaker CBA Competition Law Fall Conference, Ottawa, Ontario
October 2016CBA Speed Mentoring Participant Competition Law Fall Conference, Ottawa, Ontario
October 2016Mini Plenary 3: NGA panel: Role of NGAs in advising leniency applicants in multinational cartel cases Non-governmental Advisor Panelist Activities of the International Competition Cartel Working Group, Cartagena, Columbia
October 2015Beyond the Boarders: Emerging Issues in Business Litigation Seminar, Crossing the Line When Crossing the Border: The Canadian and US Approaches to Combating Foreign Corruption Speaker conference hosted by DRI, The Voice of Defense Bar, Toronto, Ontario
June 2015Search Warrants and Inspections: How You Can Reduce Risk and Be Ready to Respond? Speaker McMillan Client webinar on Search Warrants and Inspections
November 2014Developing Effective Relations with Public Prosecutors – The Canadian Experience Non-Governmental Advisor Panelist Activities of the International Competition Cartel Working Group, Taipei, Taiwan
October 2014Section 45 - Auto-Parts and Other Recent Developments Moderator Fall Conference session in 2014, Ottawa, Ontario
September 2014Cartel et collusion : perspectives pratiques Speaker Laval University, Ville de Québec, Quebec
February 2014Section 45 (3) of the Competition Act: Use of Circumstantial Evidence to Prove Conspiracy Panelist, Non-Governmental Advisor International Competition Cartel Working Group, Cape Town, South Africa
October 2013Making the Settlement Stick Presenter Webcast
October 2013News
Media Mentions
- “B.C.’s proposed UNDRIP action plan may cause potential cross-border issues, lawyers say” by Bernise Carolino, Canadian Lawyer Magazine, June 22, 2021
- “Benefits agreement or influence peddling?“, Business in Vancouver, June 18, 2021
- “Canada narrows Postmedia/Torstar deal to criminal probe“, Global Competition Review, December 05, 2018
Rankings & Recognition
- Recognized in the 2024 Canadian Legal Lexpert Directory as a Most Frequently Recommended Lawyer in the area of Competition Law
- Recognized in the 2024 Lexpert/ALM500 Guide as a leading lawyer in the area of Competition
- Recognized by Chambers Canada (2024) as a leading lawyer in the area of White Collar Crime & Government Investigations
- Named the Best Lawyers 2024 Competition / Antitrust Law “Lawyer of the Year” in Ottawa
- Recognized by Best Lawyers in Canada (2024) as a leading lawyer in the area of Competition / Antitrust Law
- Recognized in the 2023 Lexpert Special Edition on Canada’s Leading Litigation Lawyers as a Leading Litigation Lawyer
- Listed in Who’s Who Legal: Canada 2023 as a leader in Competition
- Recognized in the 2023 Benchmark Litigation: Canada Guide as a Litigation Star
- Recognized in the 2023 Canadian Legal Lexpert Directory as a Most Frequently Recommended Lawyer in the area of Competition Law
- Recognized by Chambers Global (2023) as a leading lawyer in the area of Competition / Antitrust: Litigators
- Recognized in the 2023 Lexpert / American Lawyer Guide to the Leading 500 Lawyers in Canada: Competition Law
- Listed in Who’s Who Legal: Canada 2022 as a leader in Competition
- Recognized in the 2022 Lexpert Special Edition on Canada’s Leading Litigation Lawyers as a Leading Litigation Lawyer
- Recognized by Chambers Canada (2023) as a leading lawyer in the areas of Competition / Antitrust: Litigators and White Collar Crime & Government Investigations
- Recognized by Best Lawyers in Canada (2023) as a leading lawyer in the area of Competition / Antitrust Law
- Recognized in the 2022 Benchmark Litigation: Canada Guide as a Litigation Star
- Recognized in the 2022 Canadian Legal Lexpert Directory as a Consistently Recommended Lawyer in the area of Competition Law
- Recognized by Chambers Global (2022) as a leading lawyer in the area of Competition / Antitrust: Litigators
- Recognized in the 2022 Lexpert / American Lawyer Guide to the Leading 500 Lawyers in Canada: Competition Law
- Recognized by Chambers Canada (2022) as a leading lawyer in the areas of Competition / Antitrust: Litigators and White Collar Crime & Government Investigations
- Recognized by Best Lawyers in Canada (2022) as a leading lawyer in the area of Competition / Antitrust Law
- Recognized in the 2021 Lexpert Special Edition on Canada’s Leading Litigation Lawyers as a Leading Litigation Lawyer
- Listed in Who’s Who Legal: Canada 2021 as a future leader in Competition
- Recognized in the 2021 Benchmark Litigation: Canada Guide as a Litigation Star
- Recognized in the 2021 Canadian Legal Lexpert Directory as a Consistently Recommended Lawyer in the area of Competition Law
- Recognized by Chambers Global (2021) as a leading lawyer in the area of Competition / Antitrust: Litigators
- Recognized by the Best Lawyers in Canada (2021) as a leading lawyer in the area of Competition / Antitrust Law
- Listed in Who’s Who Legal: Canada 2020 as a leader in Competition
- Recognized by Chambers Canada (2021) as a leading lawyer in the areas of Competition / Antitrust: Litigators and White Collar Crime & Government Investigations
- Recognized in the 2020 Canadian Legal Lexpert Directory as a Consistently Recommended in the area of Competition Law
- Recognized by Chambers Global (2020) as a leading lawyer in the area of Competition / Antitrust: Litigators
- Listed in Who’s Who Legal: Canada 2019 as a leader in Competition
- Recognized by Chambers Canada (2020) as a leading lawyer in the area of Competition / Antitrust: Litigators
- Recognized by Best Lawyers in Canada (2020) as a leading lawyer in the area of Competition / Antitrust Law
- Recognized in the 2019 Canadian Legal Lexpert Directory as a Repeatedly Recommended lawyer in the area of Competition Law
- Recognized by Chambers Global (2019) as a leading lawyer in the area of Competition / Antitrust: Litigators
- Recognized by Chambers Canada 2019 as a leader in Competition/Antitrust
- Named the Best Lawyers 2019 Competition / Antitrust Law “Lawyer of the Year” in Ottawa
- Recognized in Best Lawyers in Canada (2019) as a leading lawyer in the area of Competition/Antitrust Law
- Listed in Who’s Who Legal Canada: 2018 as a leader in Competition
- Recognized in the 2018 Canadian Legal Lexpert Directory as a Repeatedly Recommended lawyer in the area of Competition Law
- 2016 Bill Miller Memorial Award for Contributions to the Canadian Competition Law Review.
- Governor of the Fondation du Barreau du Québec
- Recognized in Best Lawyers in Canada 2018 as a leading lawyer in the area of Competition/Antitrust Law
- Recognized in Who’s Who Legal: Canada 2017 as a leading lawyer in the area of Competition
- Recognized in the Canadian Legal Lexpert Directory 2017 as a repeatedly recommended in the area of Competition Law
- Recognized in Best Lawyers in Canada 2017 as a leading lawyer in the area of Competition/Antitrust Law
- Recognized in Who’s Who Legal: Canada 2016 as a leading lawyer in the area of Competition
- Recognized in the Canadian Legal Lexpert Directory 2016 as a leading lawyer in the area of Competition Law
Directorships & Affiliations
- Appointed to the Long Range Planning Committee, Antitrust Law Section of the ABA
- Past Chair, Criminal Matters Committee, Canadian Bar Association, Competition Law Section (2015-2016)
- American Bar Association – Member of the Section’s International Cartel Task Force
- Appointed Non-Governmental Advisor (NGA) to International Competition Network – ICN Cartel Working Group (2012-2018)
- Governor of the Fondation du Barreau du Québec
Education & Admissions
Publications
- “Competition Inspections in 25 Jurisdictions (Canada Chapter),” Co-author with Neil Campbell and Joshua Chad, Concurrences (March 2024)
- “Anti-Corruption 2023 Guide (Canada Chaper)” Chambers and Partners (January 2023)
- “International Fraud & Asset Tracing 2022 (Canada Chapter),” Chambers and Partners (June, 2022)
- “The International Competition Network at Twenty (Canada Chapter),” Co-author with Neil Campbell, Concurrences (May 6, 2022)
- “Competition Inspections in 21 Jurisdictions (Canada Chapter),” Co-author with Neil Campbell and Chris Kalantzis, Concurrences (March 2022)
- “Anti-Corruption 2022 Guide” Chambers and Partners (January 2022)
- “International Fraud & Asset Tracing 2021 (Canada Chapter),” Chambers and Partners (April, 2021)
- “Anti-Corruption 2021 (Canada Chapter)” Chambers and Partners (January 2021)
- “Anti-Corruption 2019 Second Edition (Canada Chapter),” Chambers and Partners (December 2019)
- “Anti-Corruption 2019 Guide,” Chambers and Partners (December 2018)
- “Deferred Prosecution Agreements: Improving Corporate Compliance in Canada,” IBA Anti-Corruption Committee Website (October 2018)
- “A New Deferred Prosecution Agreement Regime in Canada,” The Lawyers Daily – LexisNexis (September 2018)
- “Recent Trends and Developments under Canada’s Corruption of Foreign Public Officials Act,” International Trade Bulletin (November 2015)
- “The Canadian Approach to Corporate Criminal Liability for Antitrust Offenses,” American Bar Association Section of Antitrust Law, Cartel & Criminal Practice Committee Newsletter – Spring 2015 (March 2015)
- “Warrantless Searches of Cell Phones upon Arrest are Lawful in Canada – but Strict Safeguards Apply,” Canadian Privacy Law Review, Vol. 12, No. 3 (February 2015)
- “R v. Pétroles Global: The First Judgment in a Decade to Apply the New Canadian Corporate Criminal Liability Regime,” The Marker, Criminal Matters Committee of the CBA National Competition Law Section (June 2014)
Insights (42 Posts)View More
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Transformative Change: Your Guide to Canada’s Breathtaking Competition Act Changes
We provide a summary of far-reaching Competition Act amendments proposed in 2023.
Take Two: Canada’s Second Court-Approved Remediation Agreement
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Getting the Deal Through – Cartel Regulations 2023
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Quebec Superior Court Orders That Corporations Must Provide Information to Police – Even Where Data Stored Abroad
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Round One of Competition Act Amendments Passed; National Security Review Regime Amended
New amendments to the Competition Act were passed today as part of the budget implementation bill.
We Have a DPA: Prosecutors Agree to Deferred Prosecution Agreement With SNC-Lavalin
Canadian prosecutors have for the first time agreed to a deferred prosecution agreement with a Canadian company.
Significant Changes Coming to Canada’s Competition Act
The Canadian federal government has introduced a series of significant changes to Canada's Competition Act.
Competition Inspections in 21 Jurisdictions
The third volume of the Competition Inspections in 21 Jurisdictions brings together distinguished practitioners from around the world to provide an in-depth analysis of the legal and practical aspects of competition inspections.
Getting the Deal Through – Cartel Regulations 2022
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Confession, Cooperation, and Compliance: Mitigating Consequences of Alleged Bribery and Corruption Through Self-Reporting
The RCMP recently announced a rising trend of companies self-reporting potential acts of bribery and corruption.
Northern Exposure: Canadian Competition Law/Investment Canada Update
We discuss, and answer questions, respecting developments in Canadian Competition and Foreign Investment Law.
Will BC’s UNDRIP action plan create compliance challenges under the US Foreign Corrupt Practices Act, the UK Bribery Act or the Criminal Code of Canada?
Will BC’s UNDRIP action plan create compliance challenges under the US Foreign Corrupt Practices Act, the UK Bribery Act Criminal Code of Canada?
Canada Updates Official Terrorist Entities List – What It Means for Your Business
The Canadian government has placed the Proud boys on the list of terrorist entities. This announcement has certain key implications for Canadian companies.
Getting the Deal Through – Cartel Regulations 2021
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Deferred Prosecution Agreements: The Continued Use of DPAs in the Antitrust Sphere in the United States
In this bulletin, we discuss the deferred prosecution agreement recently entered into by Argos USA LLC with the United States Department of Justice.
SCC Holds Section 12 Charter Protection Against “Cruel or Unusual Treatment or Punishment” Not Applicable to Corporations
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Cooperating Witnesses not Confidential Informers – Competition Bureau Updates Immunity and Leniency Programs under the Competition Act
The Immunity and Leniency Programs under the Competition Act[1] are powerful tools employed by the Competition Bureau and the Public Prosecution Service of Canada (“PPSC”) in the detection and prevention of criminal anti-competitive behaviour.
Deferred Prosecution Agreements: A Lack of Trust in Antitrust DPAs?
This bulletin describes the benefits and growing acceptance of deferred prosecution agreements in relation to American antitrust offences.
COVID-19: “Essential” Information About the Consequences of Continuing to Operate a “Non-Essential Business” in Ontario and Québec
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Deferred Prosecution Agreements Take Off Abroad: Airbus Penalties Exceed $5 Billion
Canadian organizations and prosecutors continue to wait to see how Canada’s deferred prosecution regime will play out (see our July 2018 bulletin for an overview of the legislation).
Deferred Prosecution Agreements: Canada Provides Some Clarity, But Many Questions Remain
This bulletin describes recently issued Guideline 3.21 on remediation agreements and compares Canadian deferred prosecution guidance with other jurisdictions.
Getting the Deal Through – Cartel Regulation 2020
Cartel activity is the top enforcement priority for virtually every competition agency. Leniency programs continue to evolve and coordination between agencies on international cases is increasing.
Deferred Prosecution Agreements and the “National Economic Interest”
Deferred prosecution agreements (“DPA”) have been a hot topic lately, owing largely to the attention that the agreements have received in relation to the SNC-Lavalin prosecution.
Getting the Deal Through (Canada Chapter) – Cartel Regulation 2019
This 19th edition of Cartel Regulation provides the most current and comprehensive information available about anti-cartel laws and enforcement around the world.
The Court of Appeal puts an End to ‘Jail on the Couch’ Sentences for Bid-rigging
Bid rigging and fraud in order to obtain public contracts will result in mandatory prison sentences when the contract is of high value.
Deferred Prosecution Agreements: A French Approach to Considering the Public Interest
Deferred Prosecution Agreements (“DPAs”) became household conversation in 2018 when Canada’s Director of Public Prosecutions (the “DPP”) declined to pursue a DPA in the SNC-Lavalin prosecution.
Canada Announces the Creation of the Remediation Agreement Regime and Improvements to the Integrity Regime to Tackle Corporate Crime
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Getting the Deal Through (Canada Chapter) – Cartel Regulation 2018
Anti-Cartel laws are pillars of competition regime with unilateral conduct provisions and merger control. The 2018 Cartel Regulation provides information about anti-cartel laws and enforcement
Proposed Changes to the Competition Bureau’s Immunity Program Will Undermine Effective Cartel Enforcement in Canada – Comments of McMillan LLP on the Consultation Draft dated October 26, 2017
Several proposed revisions to Immunity Program under the Competition Act will have unintended but serious consequence of decreasing applications for immunity
Foreign Corruption: Canada Makes “Facilitation Payments” Illegal
Foreign Corruption: Canada Makes "Facilitation Payments" Illegal
Rigging the Bid: Finding Fraud in a Regulated Setting
Rigging the Bid: Finding Fraud in a Regulated Setting
FCPA Declination Letters and Corporate Criminal Liability: What Can Be Learned From the U.S. Approach
FCPA Declination Letters and Corporate Criminal Liability: What Can Be Learned From the U.S. Approach
Getting the Deal Through – Cartel Regulation 2017
Getting the Deal Through – Cartel Regulation 2017
Impacts of the Supreme Court’s Decision in R v Anthony-Cook on the Certainty of Plea Agreements and Jointly Proposed Sentencing
Impacts of the Supreme Court's Decision in R v Anthony-Cook on the Certainty of Plea Agreements and Jointly Proposed Sentencing
Fraud in Regulated Settings: Detrimental Reliance by the Victim not always Required
Fraud in Regulated Settings: Detrimental Reliance by the Victim not always Required
Recent Trends and Developments under Canada’s Corruption of Foreign Public Officials Act
Recent Trends and Developments under Canada's Corruption of Foreign Public Officials Act
The Canadian Approach to Corporate Criminal Liability for Antitrust Offenses
The Canadian Approach to Corporate Criminal Liability for Antitrust Offenses
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