November 20, 2013
The U.S. CLE provider Strafford is hosting what I think looks like quite an interesting upcoming associations and information exchange related webinar entitled: Antitrust Risks of Association-Sponsored Market Research. “Information exchanges” (via surveys, member interaction, meetings, conventions, social media, other online fora, etc.) are of course a common and ubiquitous activity for most trade and professional associations, both in Canada and internationally. Given that they can also raise competition/antitrust law risk, however, with the potential issues in Canada and the U.S. being largely the same, this upcoming webinar caught my eye.
From Strafford:
“Members rely on their associations to provide up-to-date market research data to help them and their companies remain competitive. Association market reports and surveys are often more comprehensive, accurate, and valuable than industry consultant reports or publicly available information.
While association market research programs provide a significant benefit to members, associations and their counsel must be mindful of the antitrust risks inherent in these information exchanges, including the potential for claims that the exchanges are used to coordinate member competitive decision-making.
Antitrust counsel should advise their association clients of the potential pitfalls with market research programs and guide them in developing information exchanges and survey procedures that comply with the antitrust laws and are likely to withstand government or private scrutiny.
Listen as our authoritative panel of attorneys, including a leading nonprofit lawyer and an antitrust attorney, reviews the key benefits of market research programs to associations, discusses recent developments in the antitrust laws applicable to information exchanges and benchmarking, and explains best practices to comply with antitrust laws.
Outline: Benefits of market research programs to associations; applicable antitrust laws; practical application of antitrust laws to market research programs; best practices to minimize antitrust liability.”
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I am a Toronto competition and advertising lawyer offering business and individual clients efficient and strategic advice in relation to competition/antitrust, advertising, Internet and new media law and contest law. I also offer competition and regulatory law compliance, education and policy services to companies, trade and professional associations and government agencies.
My experience includes advising clients in Toronto, Canada and the US on the application of Canadian competition and regulatory laws and I have worked on hundreds of domestic and cross-border competition, advertising and marketing, promotional contest (sweepstakes), conspiracy (cartel), abuse of dominance, compliance, refusal to deal, pricing and distribution, Investment Canada Act and merger matters. For more information about my competition and advertising law services see: competition law services.
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