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The Competition Law Guide for Trade Associations in Canada

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

The Guide, the most detailed book of its kind in Canada, is a practical and concise summary of Canadian competition law as it applies to trade, professional and other associations.  It includes an overview of the major areas of Canadian competition law that apply to associations, including the conspiracy (criminal and civil), bid-rigging, abuse of dominance and misleading advertising provisions of the federal Competition Act.  The Guide also includes 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) is also included 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 are also 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

A Carswell webinar in conjunction with West is also available online discussing key highlights from the new book.  For more see:

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

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Other Publications

The following are our other publications and media appearances:

“The E-books Case: Canadian Developments and Recent Private Action Issues”, Competition Policy International (CPI) – forthcoming (June)

Interviewed – dealReporter – Maple/TMX merger

PowerPoint, Carswell/West online webinar, A Guide to Canadian Competition Law for Trade and other Associations

Academic peer review for a competition law paper, McGill Law Journal

Contribution, British Columbia Real Estate Association, Legal Update, “Canada’s Proposed Federal Anti-Spam Legislation”

Chapter, British Columbia Real Estate Association, Legal Update 2012, “Canadian Competition Law – The New Competition Act – The First Two Years in Force”

Interview – Business News Network (BNN) – Maple/TMX merger

Quoted – Globe and Mail Report on Business: Competition Watchdog presents high hurdles for Maple

Quoted – Globe and Mail Report on Business: “Aitken an ‘aggressive no nonsense Commissioner'”

Quoted – Globe and Mail Report on Business: High hurdles face Maple bid from Competition watchdog

Quoted – CTV News – “Competition watchdog presents high hurdles for Maple”

“Competition Bureau Steps Up Criminal Price-Fixing Investigations in Canada”, with Christine Duhaime, Business in Vancouver (BIV)

“Canada’s New Competition Law: The First Year in Force – How Does It Impact Canadian Professionals?”, with Christine Duhaime

Competition Law and REALTORS: What You Say and Do Matters, competition law compliance book for the Alliance for Canadian Real Estate Education (ACRE) and The Canadian Real Estate Association

“The CREA Abuse of Dominance Case: Competition Bureau Challenges Organized Real Estate in Canada”, Competition Policy International, Antitrust Chronicle: The CREA Abuse of Dominance Case

“New Competition Rules for Trade Associations”, The Lawyers Weekly

Competition Law and Trade Associations, available to trade association clients

“Canada’s New Competition Law”, REM Magazine

“Trade associations face tough new competition rules”, The Lawyers Weekly

“Canada’s New Cartel Law in Force”, CUTS International ReguLetter

Contributor, Competition and Foreign Investment Law in Canada, British Columbia Continuing Legal Education Society course materials

“Canada’s New Criminal Conspiracy Law: U.S.-style Two-Track Regime, Hard Core Offences & Fines up to $25 Million”, CLE BC Continuing Legal Education Society of BC Seminar

Quoted – Fox Business

Quoted – MSN

Quoted – Reuters – China Tells State Companies to Explore Potash Bid

Quoted – Reuters – Analysis: China Posturing on Potash Sector Deals

Quoted – BusinessDay – China Anxious to Block Potash Deal

Quoted – “CREA Seeks Settlement Over MLS Policies”, REM Magazine

“Why India Needs Merger Control Now”, contribution to submission to the Indian government (Derek Ireland author)

“Competition Law & Trade Associations”, Boardwalk newsletter, Associations Plus

“Convergence and Canada’s New Merger Control”, presented at joint WCCG & International Academy of Law, International Conference on Competition Law, Delhi, India

“Canada’s New Competition Law”, presentation, CBA Business Law Subsection, luncheon, Vancouver, Sutton Place Hotel

Quoted – Globe and Mail Report on Business: Telus sues Rogers over ad claims

“China’s Anti-monopoly Law From a Canadian Perspective”, Lexology, with James Musgrove

“Self-regulated professions under Competition Bureau spotlight”, with Sandra Knowler, Association of Corporate Counsel (ACC)

“Is That Really on Sale? – Traps for Unwary Advertisers”, Retail Connections

“Competition Bureau Issues Final Merger Remedies Bulletin”, with Francois Tougas, CCH, Commercial Times Newsletter

“Competition Bureau Appeals Tribunal Decision Allowing Labatt/Lakeport Beer Merger”, with Karl Gustafson, Business in Vancouver (BIV)

“Bureau Appeals Tribunal Decision Allowing Labatt/Lakeport Merger”, Business in Vancouver

“A Canadian View of China’s Anti-monopoly Law”, ABA, International Antitrust Bulletin

“’M’ is for Merger: A Year in Review for Merger Clearance Developments in Canada”, Commercial Times Newsletter

“Hong Kong Poised to Introduce Cross Sector Competition Law”, with James Musgrove

“Hong Kong Poised to Introduce Cross-Sector Competition Law”, ABA International Antitrust Bulletin

“No Deal for B-Filer”, with James Musgrove, Lang Michener Competition & Antitrust Brief

“Reviewing Merger Clearance Developments in Canada”, Lang Michener, In Brief

“Competition Bureau Puts Self-Regulated Professions Under the Gun”, Lawyers Weekly

“Canadian Competition Law & IP”, presentation for Chinese aviation trade delegation

“Canadian Merger Clearance Developments: Considerations in Cross-Border Deals”, Association for Corporate Growth (ACG), Mergers & Acquisitions: The Dealmaker’s Journal

“‘M’ is for merger: a year in review for merger clearance”, with Francois Tougas, Association of Corporate Counsel (ACC)

“Competition Bureau Issues Outline Consent Agreement”, Lang Michener publication

“Competition Bureau Continues to Investigate Self-regulated Professions”, Federated Press

“Self-Regulated Professions Under Bureau Spotlight”, Lang Michener publication

The Competition Act and You, Real Estate Board of Greater Vancouver publication

“Loyalty Programs: the Latest From Canada”, with James Musgrove, American Bar Association (ABA) Tele-seminar

“Competition Bureau Targets Self-Regulated Professions”, Lang Michener publication

“Loyalty Programs and Abuse of Dominance: Canada Pipe”, with James Musgrove, Continuing Legal Education Society of British Columbia, CLE Seminar

“U.S. Supreme Court Antitrust Cases Impact Canadian Business”, Lang Michener publication

“Developments in the Law of Price Maintenance, Refusal to Deal, and Predatory Pricing”, with James Musgrove and Janine MacNeil, for the Continuing Legal Education Society of British Columbia, CLE

“Competition Bureau / Korean FTC Cooperation Agreement”, Lang Michener publication

“Merger Remedies in Canada: Recent Developments”, Lang Michener publication

“Good Marketing or Misleading Advertising?: Competition Bureau Steps-up Enforcement”, Lang Michener

“Grafton Fraser Agrees to Pay $1.2 Million Penalty to Settle Misleading Advertising Case”, Lang Michener publication

Canadian Competition Law and Policy, Casebook, UBC Faculty of Law

“$1.8 Million Settlement in U.S. Gun-Jumping Case: Reviewing Pre-Merger Coordination”, Lang Michener publication

“Is That Really on Sale?: Traps for Unwary Advertisers”, Business in Vancouver (BIV)

“The ‘C’ Files – Top 10 Competition Questions of 2004”, Presentation for CREA Leadership Day

CREA Misleading Advertising Guide, The Canadian Real Estate Association

Competition Law Overview for Leadership, Canadian Real Estate Association publication

Competition Law Compliance Workbook, The Canadian Real Estate Association publication

“Co-operation and Competition: Being Ready for the Competition Bureau from an Association Perspective”, Canadian Bar Association, Annual Fall Conference on Competition Law

Contributor, Competition Law of Canada, Goldberg & Bodrug, eds.

“Reform of the Tribunal’s Procedure: Implications for Due Process”, Canadian Corporate Counsel Association, National Spring Conference, Competition Law: Face the Challenges for 2003, with George Addy and James Doris

“Proposed Public Interest Review for Transportation Mergers”, with John Bodrug

“Enforcing the Unenforceable: Constitutional Challenges to Canada’s Foreign Extraterritorial Measures Act”, with Milos Barutciski

“Litigating Abuse of Dominance Cases After Bill C-23”, with Kent Thomson, Competition Issues in Difficult Times, Anti-Competitive Behaviour and Enforcement in Soft Market, November, 2002, Sheraton Centre, Toronto

“ICPAC and the Road Not Taken”, with Brian Facey, Canadian Bar Association, Annual Fall Conference

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    WELCOME TO CANADIAN COMPETITION LAW! - OUR COMPETITION BLOG

    We are a Toronto based competition, advertising and regulatory law firm.

    We offer business, association, government and other clients in Toronto, Canada and internationally efficient and strategic advice in relation to Canadian competition, advertising, regulatory and new media laws. We also offer compliance, education and policy services.

    Our experience includes more than 20 years advising companies, trade and professional associations, governments and other clients in relation to competition, advertising and marketing, promotional contest, cartel, abuse of dominance, competition compliance, refusal to deal and pricing and distribution law matters.

    Our representative work includes filing and defending against Competition Bureau complaints, legal opinions and advice, competition, CASL and advertising compliance programs and strategy in competition and regulatory law matters.

    We have also written and helped develop many competition and advertising law related industry resources including compliance programs, acting as subject matter experts for online and in-person industry compliance courses and Steve Szentesi as Lawyer Editor for Practical Law Canada Competition.

    For more about us, visit our website: here.