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On December 7, 2011, the International Competition Network (ICN) published its updated ICN Work Product Catalogue, with interactive links to ICN reports and documents from 2008 to 2011 in the advocacy, cartel (conspiracy), mergers and unilateral conduct (monopoly / abuse of dominance) areas.

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The National Competition Law Section of the Canadian Bar Association has published the most recent issue of the Canadian Competition Law Review (2011 – Vol. 24 No. 1) (formerly the Canadian Competition Record) (see: Canadian Competition Law Review – 2011 – Vol. 24 No. 1).

This issue of the Canadian Competition Law Review includes articles and comments on indirect purchaser class actions, the institutional design of Canadian competition policy, the Competition Tribunal, the U.S. Horizontal Merger Guidelines, the treatment of buying-side agreements under the amended section 45 of the Competition Act and injunctions in misleading advertising cases.

We are pleased to announce the forthcoming publication by Carswell this fall of The Competition Law Guide for Associations in Canada jointly authored by Steve Szentesi and Mark Katz.

The Guide, the first book of its kind in Canada, will be a practical and concise summary of Canadian competition law as it applies to trade, professional and other associations.  It will include an overview of the major areas of Canadian competition law that apply to associations, including the conspiracy, bid-rigging, abuse of dominance and misleading advertising provisions of the federal Competition Act.

The Guide will also include discussions of some of the specific types of association activities that can raise competition law concerns including membership criteria and discipline, codes of conduct and standard setting, meetings and information exchanges and joint association activities (e.g., joint negotiation and marketing, joint purchasing activities and lobbying and advocacy). A compendium of “best practices” (i.e., do’s and don’ts) will also be provided together with sample guidelines for the conduct of association meetings, document creation and responding to government investigations (principally search and seizures).  Basic sample association compliance presentations for associations will also be included.

The Guide is intended to provide a practical resource for trade and professional association executives, their personnel and counsel to better understand Canadian competition law as it applies to association activities and to assist them in anticipating and reducing potential competition law liability.

For more information about this forthcoming book see Carswell’s product catalogue:

The Competition Law Guide for Trade Associations in Canada

Carswell will also be offering an online webinar in November in conjunction with the publication of the Guide.  For more information see:

West LegalEdcenter – A Guide to Canadian Competition Law for Trade and other Associations

Carswell has issued the second edition of Fundamentals of Canadian Competition Law.

From Carswell:

“Given the amount of extensive case law in the area, it can be challenging to understand whether particular conduct is circumscribed by the Competition Act or carries a risk of competition law challenge. We have a resource that will make it easier to interpret and understand the Competition Act. The Fundamentals of Canadian Competition Law, Second Edition, jointly published with the Canadian Bar Association, is a convenient, one-stop publication that summarizes the applicable statutory provisions in the Competition Act as well as the relevant jurisprudence, guidelines, and policy statements.

Each chapter is written by renowned experts in the field. They have selected the most important topics and the most relevant themes so you don’t waste time reviewing unnecessary information. You get expert coverage of the purpose of competition law, statutory history, price maintenance, exclusive dealing, tied selling, marketing restriction, mergers, misleading advertising, marketing practices – and more.

This essential resource covers:

- Introduction and Overview: The Purpose of Canadian Competition Law
- Institutional Overview and Statutory History
- Market Power and Market Definition
- Criminal Conspiracy
- Price Maintenance
- Refusal to Deal
- Exclusive Dealing, Tied Selling, Market Restriction
- Abuse of Dominance
- Merger Notification
- Substantive Merger Review
- Misleading Advertising and Marketing Practices
- Civil Conspiracy and Other Economic Torts
- Private Applications to the Competition Tribunal
- Investigative Powers, Procedural Issues and Special Remedies
- The Intellectual Property and Regulated Conduct Interface
- Private Litigation and Class Actions”

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