Price-fixing charges stayed in chocolate case

September 10, 2015 — OTTAWA, ON — Competition Bureau

The Public Prosecution Service of Canada (PPSC) entered a stay of proceedings on September 8, 2015 against ITWAL Ltd., Mars Canada Inc., Sandra Martinez and David Glenn Stevens. The prosecution continues against Nestlé Canada Inc. and Robert Leonidas.

A direct indictment was preferred on June 21, 2013 after the results of the Competition Bureau's investigation were referred to the PPSC for a decision on whether to prosecute the companies and individuals for allegedly fixing the price of chocolate confectionary products in Canada.

The Bureau will continue with the important work of investigating allegations of price-fixing and bid-rigging in Canada as a top priority.

Quick facts

  • The charges stem from an investigation launched in July 2007, after the Bureau was contacted by Cadbury Adams Canada Inc. under the Bureau’s Immunity Program.
  • The Bureau’s investigation uncovered evidence that Nestlé Canada Inc., ITWAL Ltd., Mars Canada Inc., Robert Leonidas, Sandra Martinez and David Glenn Stevens were allegedly involved in an agreement to fix the prices of chocolate confectionery products in Canada.
  • As part of the same investigation, Hershey Canada Inc. pleaded guilty to a criminal charge of price fixing for chocolate confectionery products in Canada, and was fined $4 million on June 21, 2013. Hershey Canada Inc. cooperated with the Bureau’s investigation and the Bureau recommended that Hershey Canada Inc. receive lenient treatment in return.

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The Competition Bureau, as an independent law enforcement agency, ensures that Canadian businesses and consumers prosper in a competitive and innovative marketplace.