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October 31, 2014

This is the second of three posts with our conference materials from the recent Canadian Society of Association Executives’ (CSAE) Annual Conference in Niagara (for the first post see below).  I presented with Mark Katz from Davies Ward Phillips & Vineberg LLP in Toronto.

This post discusses competition law issues that can arise in the context of association codes of ethics, some recent key cases and best practices to minimize risk in relation to association codes.

The final post will be our PowerPoint on recent competition law developments for associations, including a number of important U.S. cases relevant in Canada.

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October 30, 2014

I was pleased to have been a speaker at the Canadian Society of Association Executives’ (CSAE) Annual Conference in Niagara. I spoke, with Mark Katz of Davies Ward Phillips & Vineberg LLP, on information exchanges and surveys, codes of ethics and recent competition law developments for associations.

The following is the first of three posts with our conference materials – an overview of competition law and surveys, recent Competition Bureau statements on information exchanges and some best practices.

Over the next several days I will also post some of our materials on competition law and codes of ethics and our PowerPoint on recent competition law developments for associations.

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October 23, 2014

Guest post by Amy Reier
(Brownell & Reier)

High-Technology companies and other businesses and their lawyers need to be aware of important changes to Canadian and International laws on competition, privacy, security and IP dealing with trade associations and other business ventures. New laws on competition, privacy, anti-spam, anti-corruption and bribery require businesses to abide by strict regulations or risk facing civil actions or criminal charges. Due diligence and compliance are important at the start-up of any business venture.

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October 21, 2014

Guest post by Jacob Kojfman
(Vancouver Tech Law Blog)
Reprinted with permission

If you do anything online, you are going to be subject to some sort of terms and conditions and privacy policies. It can take over 40 years to read all the terms and conditions of all the licenses you may be subject to, so most people just click “I agree” without actually reading it, or even thinking that they are entering into a binding contract.

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October 20, 2014

On October 16, 2014, the OECD published a new Competition Assessment Toolkit discussing government restraints on competition and ways that local governments can remove barriers while still achieving policy objectives.

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October 19, 2014

In an important decision released on October 17, 2014, Imperial Oil v. Jacques, 2014 SCC 66, the Canadian Supreme Court confirmed plaintiffs’ ability to obtain disclosure of wiretap evidence obtained in connection with criminal competition law investigations.

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October 18, 2014

I am pleased to be a guest speaker at the Canadian Society of Association Executives’ (CSAE) National Conference 2014 in Niagara Falls this fall (October 29-31).  I will be co-presenting with Mark Katz of Davies Ward Phillips & Vineberg, the co-author of our competition law and associations book.  Below is an overview of our seminar.

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October 15, 2014

Guest post by Steven J. Cernak, Schiff Hardin LLP
Reprinted with permission

On October 14, the Supreme Court heard oral argument in North Carolina Board of Dental Examiners v. FTC, the latest in its long line of cases interpreting the state action exemption to the antitrust laws. Clients who participate on or interact with such boards should be interested in the result of this case.

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October 13, 2014

Two really rather good articles caught my eye over the past several days – both discussing whether it is illegal under antitrust laws to merely be big. The first, by Gordon Crovitz in the Wall Street Journal, discusses Peter Thiel’s view (co-founder of PayPal, first Facebook investor) that “creative monopolies” are not only good but in fact what every entrepreneur should aspire to (see: Three Cheers for ‘Creative Monopolies’). More specifically, Thiel argues that the most successful companies create unique products not commodities: “[a]ll happy companies are different: each one earns a monopoly by solving a unique problem. … failed companies are the same: they failed to escape competition.”

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