Date: 19990217
Docket: T-154-99
BETWEEN:
HER MAJESTY THE QUEEN
- and -
FUJISAWA PHARMACEUTICAL CO. LTD.
Accused
REASONS FOR SENTENCE
[Delivered from the Bench at Toronto,
Ontario on February 15, 1999]
McGILLIS J.
[1] The accused Fujisawa Pharmaceutical Co. Ltd. ("Fujisawa") has pleaded guilty to committing the offence of conspiracy to unduly prevent or lessen competition contrary to paragraph 45(1)(c) of the Competition Act, R.S.C. 1985 c. C.-34, as amended.
[2] The facts admitted by Fujisawa are set out in the Agreed Statement of Facts, which was marked as Exhibit No. 1 in these proceedings.
[3] With respect to the question of sentence, counsel for the Crown and for Fujisawa, who are both very experienced counsel, have jointly recommended to the Court that the appropriate sentence to be imposed in the circumstances of this offence is a fine to be paid by Fujisawa in the amount of $360,000.00. The fine jointly proposed by counsel represents approximately 20% of Fujisawa's volume of commerce in the product sodium gluconate in Canada during the period in question.
[4] Counsel further advised the Court, in their joint submissions, that Fujisawa came forward at an early stage in the proceedings, accepted responsibility for its unlawful conduct, cooperated with the Competition Bureau in the investigation, and voluntarily attorned to the jurisdiction of the Court.
[5] Having considered the submissions of counsel and all of the circumstances surrounding the commission of the offence, I am satisfied that the fine which has been proposed jointly by counsel is appropriate in that it adequately respects the principles of specific and general deterrence. Fujisawa is therefore ordered to pay a fine in the amount of $360,000.00, payable forthwith. I have also signed the Prohibition Order, which has been tendered to the Court on consent. The Prohibition Order has now been filed.
"D. McGillis"
Judge
Toronto, Ontario
February 17, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: T-154-99
| STYLE OF CAUSE: HER MAJESTY THE QUEEN |
- and -
| FUJISAWA PHARMACEUTICAL CO. LTD. |
DATE OF HEARING: MONDAY, FEBRUARY 15, 1999
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR SENTENCE BY: McGILLIS J.
| DATED: WEDNESDAY, FEBRUARY 17, 1999 |
APPEARANCES: Mr. Martin Low
For the Crown
Mr. Paul Crampton
For the Accused
SOLICITORS OF RECORD: Morris Rosenberg
Deputy Attorney General
of Canada
For the Crown
| Davies, Ward & Beck |
| Barristers & Solicitors |
| 44th Floor, 1 First Canadian Place |
| P.O. Box 63, Stn. 1st Canadian Place |
| Toronto, Ontario |
| M5X 1B1 |
For the Accused
FEDERAL COURT OF CANADA
Date: 19990217
Docket: T-154-99
Between:
| HER MAJESTY THE QUEEN |
- and -
| FUJISAWA PHARMACEUTICAL CO. LTD. |
Accused
REASONS FOR SENTENCE