January 29, 2014
On my daily media sweep earlier today, I came across what I thought was a very good new discussion of competition law and associations, including overviews of some of the more interesting and important recent U.S. cases. This new note by the U.S. firm Arent Fox, entitled Lessons for Associations From 2013 Antitrust Activities, discusses, among other things, the recent and ongoing Music Teachers National Association, American Quarter Horse Association and North Carolina “teeth whitening” cases (involving antitrust issues arising from membership rules, codes of ethics, standard setting, the application of the U.S. “state action immunity” doctrine, the U.S. parallel to the Canadian “regulated conduct defence”, and information sharing between association members).
All of these are areas that may also, depending on the circumstances, raise competition law issues in Canada, given the many parallels with U.S. case law and enforcement in the competition law and associations area. For more about Canadian competition law and associations see: competition law and associations.
Introduction:
“Associations are walking antitrust risks, and plaintiffs and the government took their aim at a variety of association activity in 2013 — from dentists to music teachers, wire transfers to equines. The results are instructive for associations and their members as they work together in 2014, whether setting membership rules, dealing with nonmembers, organizing meetings or sharing information. Here are some of 2013’s antitrust highlights.”
For a copy of the complete article see: Lessons for Associations From 2013 Antitrust Activities.
____________________
SERVICES AND CONTACT
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.
To contact me about a potential legal matter, see: contact
For more regulatory law updates follow me on Twitter: @CanadaAttorney
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
