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August 21, 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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August 15, 2014

CBC has reported that Canada’s Conservative Government still plans to introduce new competition rules in Canada to address the “Canada-U.S. price gap”. Despite significant criticism from Canadian businesses, competition law practitioners and other policy commentators (see for example the CD Howe Institute’s two companion reports recommending that the proposal be abandoned: here and here and my own comments here), according to CBC the Conservatives “intend to move forward on it in due course” and see it as a “budget commitment”.

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July 22, 2014

In an interesting case that caught my eye yesterday and today, the U.S. Federal Trade Commission (FTC) has proposed a settlement in a case involving allegations that an online bar code re-seller engaged in an “invitation to collude” under Section 5 of the U.S. FTC Act. See: Different methods, same old antitrust problem and Two barcode resellers settle FTC charges that principals invited competitors to collude.

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July 22, 2014

Guest post
(Steve J. Cernak, Gregory L. Curtner, William M. Hannay – Schiff Hardin)

FTC Action Shows All Commissioners Agree That Section 5 Liability Can Follow Competitor Communications On Price Even When No Agreement Is Reached

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July 19, 2014

In Canada, the United States and many other open western and eastern economies we fortunately live in free markets. That is to say companies in any sector can enter, devise a new product (or improve on an existing products), compete and reap the free market rewards of doing so – with risk comes reward.

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July 13, 2014

In Canada, “competition law” overlaps with advertising and marketing law. One of the reasons for this is because the federal Competition Act in Canada includes a number of advertising and marketing law sections, including some specific provisions relating to promotional contests. (Though of course contests in Canada can involve a number of other areas of law including: contract law, the Criminal Code, privacy law, intellectual property law and now Canada’s recently in force anti-spam law – CASL.)

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July 11, 2014

Well summer is here and I have to admit that my blog output has slowed a bit (and likely will through the summer). Nevertheless, on my daily media and competition authorities sweep earlier I read what I thought was a rather interesting note by the Irish Competition Authority on collective action by voluntary trade associations: What’s the story … with the IMO representing their members?.

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July 11, 2014

The OECD has posted the papers from its recent (October 2013) discussion of ex officio cartel investigations and the use of screens to detect cartels.

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July 2, 2014

Each morning, before I begin ‘real work’, I usually spend a little time on an Internet sweep of interesting advertising and competition law cases that have developed overnight or come into my inbox.

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