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Friday, August 15, 2025

Cheese for Rats – Whistleblower Rewards Programs in Competition Law - McMillan LLP

Rewards-based whistleblower programs involve the payment of monetary rewards to those who provide the government with key evidence assisting in the prosecution of criminal conduct. Over the last few years these whistleblower rewards programs have become a feature of both Canadian and American securities law enforcement. Now, with the introduction of the Whistleblower Rewards Program (“Rewards Program”) by the Antitrust Division of the United States Department of Justice (“US DOJ”), these programs have been extended to competition enforcement in the United States. This marks a divergence – for now – from Canada’s competition law incentive programs for encouraging the reporting of offences.

The Canadian Competition Bureau (“the Bureau”) operates Immunity and Leniency Programs to encourage individuals and businesses to self-report criminal violations of the Competition Act for conduct such as price-fixing conspiracies and bid rigging. These programs provide protections and reduced penalties for cooperation, but no cash incentives.

  • The Immunity Program grants immunity from prosecution to parties who are first to disclose their involvement in unlawful conduct under the Competition Act and who cooperate with the Bureau’s investigation.[1] To be eligible for the program, the Bureau must either not be aware of the offence, or, if the Bureau is aware, the applicant must come forward before the Bureau refers the matter to the Director of Public Prosecutions. Parties seeking...


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