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Marginal note:Attorney General may declare antitrust judgments not to be recognized or enforceable

• 8 (1) Where a foreign tribunal has given a judgment in proceedings instituted under an antitrust law and, in the opinion of the Attorney General of Canada, the recognition or enforcement of the judgment in Canada has adversely affected or is likely to adversely affect significant Canadian interests in relation to international trade or commerce involving a business carried on in whole or in part in Canada or otherwise has infringed or is likely to infringe Canadian sovereignty, the Attorney General of Canada may

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• Marginal note:Attorney General may declare certain foreign judgments not to be recognized or enforceable

  (1.1) Where a foreign tribunal has given a judgment in proceedings instituted under a foreign trade law or a provision of a foreign trade law set out in the schedule and, in the opinion of the Attorney General of Canada, the recognition or enforcement of the judgment in Canada has adversely affected or is likely to adversely affect significant interests in Canada, the Attorney General of Canada may

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• Marginal note:No inference where order not made

  (4) In any proceedings in Canada to recognize or enforce a judgment given by a foreign tribunal in proceedings instituted under an antitrust law, or a foreign trade law or a provision of a foreign trade law set out in the schedule, or to enforce a concurrent or subsequent judgment for contribution or indemnity related to that judgment, no inference shall be drawn from the fact that the Attorney General of Canada has not made an order under subsection (1) or (1.1) in respect of the judgment.

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Marginal note:Orders of Attorney General relating to production of records and giving of information

• 3 (1) Where, in the opinion of the Attorney General of Canada, a foreign tribunal has exercised, is exercising or is proposing or likely to exercise jurisdiction or powers of a kind or in a manner that has adversely affected or is likely to adversely affect significant Canadian interests in relation to international trade or commerce involving a business carried on in whole or in part in Canada or that otherwise has infringed or is likely to infringe Canadian sovereignty, or jurisdiction or powers that is or are related to the enforcement of a foreign trade law or a provision of a foreign trade law set out in the schedule, the Attorney General of Canada may, by order, prohibit or restrict

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2 In this Act,

antitrust law

antitrust law  means a law of a foreign jurisdiction of a kind commonly known as an antitrust law, and includes a law having directly or indirectly as a purpose the preservation or enhancement of competition between business enterprises or the prevention or repression of monopolies or restrictive practices in trade or commerce; (loi antitrust)

foreign trade law

foreign trade law  means a law of a foreign jurisdiction that directly or indirectly affects or is likely to affect trade or commerce between

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Marginal note:Recovery of damages and expenses

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• Marginal note:Recovery of expenses before final judgment

  (1.1) Where proceedings are instituted under an antitrust law, or a foreign trade law or a provision of a foreign trade law set out in the schedule, and no final judgment has been given under those proceedings against a party who is a Canadian citizen, a resident of Canada, a corporation incorporated by or under a law of Canada or a province or a person carrying on business in Canada, that party may, in Canada, with the consent of the Attorney General of Canada, at any time during the proceedings sue the person who instituted the action and recover from that person all expenses incurred by the party in defending those proceedings and in instituting proceedings under this Act, including all solicitor-client costs or judicial and extrajudicial costs.

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Marginal note:Orders of Attorney General relating to measures of a foreign state or foreign tribunal

• 5 (1) Where, in the opinion of the Attorney General of Canada, a foreign state or foreign tribunal has taken or is proposing or is likely to take measures affecting international trade or commerce of a kind or in a manner that has adversely affected or is likely to adversely affect significant Canadian interests in relation to international trade or commerce involving business carried on in whole or in part in Canada or that otherwise has infringed or is likely to infringe Canadian sovereignty, the Attorney General of Canada may, with the concurrence of the Minister of Foreign Affairs, by order,

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