Archive for August, 2012
A few regulatory, intellectual property and advertising law updates caught my eye today including:
A flurry of media reports and notes relating to Apple’s $1 billion jury victory over Samsung in one of the largest patent fights in history (see e.g.: Check, Please: Experts Say Apple, Samsung Face Sky-High Legal Fees, Samsung Violated Apple Patents, Jury Rules, Apple’s $1B Patent Victory Could Help Company Corner the Market, Jury Hands Apple $1B Victory Over Samsung in Epic Patent Trial, Samsung Ordered to Pay Apple $1 Billion for Patent Violations).
A few updates on China’s largest international investment foray – in it’s $15 billion friendly bid for Nexen (see e.g.: Outcome of $15.1-billion Nexen-CNOOC Merger is Murky).
Commentary on the growing political divide between Alberta and British Columbia over the Northern Gateway pipeline (see e.g.: Growing Divide Between B.C., Alberta on Northern Gateway: Poll).
An interesting New York Times Op Ed on bribery and corruption in the oil and mining industries (see: U.S. Oil and Mining Companies Must Disclose Payments to Foreign Governments).
Several new Canadian telemarketing developments, including a new Do Not Call List Status Report issued by the CRTC (see: National Do Not Call List (DNCL) Status Report (July 31, 2012) and a Federal Liberal association in violation of the Do Not Call List Rules (see: Guelph Federal Liberal Association in Violation of Unsolicited Telecommunciations Rules).
The International Cooperation Network (ICN), an association comprised of global competition law enforcement agencies and members, has announced a number of upcoming workshops including:
2012 Cartel Workshop – Panama
From the ICN:
“The Panamanian Consumer Protection and Free Competition Authority (ACODECO) invite you to the 2012 International Competition Network (ICN) Cartel Workshop, which will be held in Panama City, Panama, from October 2 to 4, 2012. The 2012 Cartel Workshop will be the 9th annual workshop hosted under ICN promotion, and is a continuation of the series of agency-led conferences that began in 1999. During the three-day Workshop, which main theme is “Enhancing Global Cartel Enforcement: Building on Solid Foundations”, discussions will focus on effective strategies to investigate cartel conduct. The Workshop will build on the foundations of global cartel enforcement by highlighting previous Cartel Working Group work products, including the Anti-Cartel Enforcement Manual. During the Workshop sessions, participants will discuss topics covered by the Anti-Cartel Enforcement Manual, such as: Searches, Raids and Inspections; Drafting Case Initiation; Investigative Strategies; Inverviewing Techniques; and Cartel Case Resolution Methods.”
For more information see: ICN Cartel Workshop.
2012 Advocacy Workshop 2012 – Paris
For more information see: ICN Advocacy Workshop 2012.
2012 ICN Merger Workshop – Bogota
For more information see: ICN Events.
Earlier today, the World Trade Organization announced the entry of Vanuatu and Russia into the WTO. From the WTO:
“’Both accessions show that joining the WTO remains high on the countries’ agendas since trade can bring a predictable and stable basis for economic growth. This is especially important as the world goes through troubled times and continues to suffer from one of the worst global economic crisis in memory. Joining the WTO is a sign of confidence in the organization and in what it can deliver for its members’, said WTO Director-General Pascal Lamy.
From the date of accession, the Russian Federation has committed to fully apply all WTO provisions, with recourse to very few transitional periods. On average, the Russian Federation will apply a final bound tariff for 7.8% for goods and has made specific commitments on 11 services sectors.
Vanuatu committed that, from the date of accession, it will fully apply all WTO provisions and did not require recourse to any transitional period except on intellectual property and on the publication of trade information. Vanuatu will apply an average final bound rate of 39.7% and has made specific commitments on 10 services sectors. The services sector has been growing and now accounts for three-quarters of Vanuatu’s GDP.”
The U.S. Federal Trade Commission has announced that a Puerto Rican pharmacy cooperative has settled price-fixing charges in relation to allegations that pharmacy owners, through a cooperative, had negotiated, entered into and implemented agreements among its member pharmacies to fix the prices on which they contracted with insurers and pharmacy benefit managers.
In making the announcement, the FTC said that the pharmacy cooperative’s actions over the past five years had led to higher prices for Puerto Rico’s health care consumers, and that the cooperative consisted of approximately 300 pharmacy-owner members owning more than 350 pharmacies in Puerto Rico (about one-third of Puerto Rico pharmacies).
Key issues raised by the FTC included collective negotiations by the pharmacy cooperative with more than 10 payers over reimbursement rates, execution of seven “master contracts” on behalf of member pharmacies and threats of collective refusals to supply by cooperative members to achieve higher negotiated rates for the supplying pharmacies.
The proposed consent order in this case includes terms to prohibit the cooperative from entering into or facilitating agreements between or among pharmacies to: (i) negotiate on behalf of any pharmacy with any payer, (ii) refuse to deal or threaten to refuse to deal with any payer, (iii) include any term, condition or requirement upon which any pharmacy deals, or is willing to deal, with any payer, including price terms and (iv) not to deal individually with any payer (or not to deal with any payer) other than through the pharmacy cooperative.
This recent association case caught my eye given that there have been a number of Canadian joint negotiation cartel cases involving associations.
The Federal Government has announced a series of cross-country consultations with industry and business leaders in relation to Canada’s global commerce strategy – including from SMEs – as part of its 2012 Economic Action Plan. From DFAIT:
“As part of Economic Action Plan 2012, the Government of Canada made a commitment to refresh the Global Commerce Strategy (GCS). The government is undertaking a series of cross-country consultations with industry and business leaders—including those from small-and medium-sized enterprises. A refreshed GCS will align Canada’s trade and investment objectives in large, dynamic and fast-growing priority markets, with an eye to ensuring that Canada is branded to its greatest advantage in those markets.”
The Government’s cross-country consultations will include Halifax, Montreal, Toronto, Winnipeg, Saskatoon, Calgary, Vancouver and Ottawa.
For more information see: Cross-Country Global Commerce Strategy Consultations.
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The American Antitrust Institute (aai) has published a new working paper entitled “Antitrust Compliance: An Annotated Bibliography”. Abstract:
“The purpose of this annotated bibliography is to survey the literature on antitrust compliance. The bibliography is organized into five sections: (1) current U.S. antitrust enforcement policy vis-à-vis compliance; (2) tools companies and in-house counsel can use to bolster existing compliance programs; (3) compliance in a globalized world; (4) recommended policy considerations; and (5) comparative policy considerations. Included are articles, commentaries, conference papers, essays, and books addressing one or more of the main categories into which the bibliography is organized.”
For a copy of the paper see: aai – Anitrust Compliance: An Annotated Bibliography.
From the Canadian Council of Chief Executives (CCCE):
“On September 24-25, 2012, the Canadian Council of Chief Executives will host “Canada in the Pacific Century”, a conference bringing together leaders from business, government, academia, and other key groups to discuss Asia’s rise and the implications for Canada.”
For the updated Agenda see:
“Emerging technologies, new platforms and evolving digital tools are changing the way audiences consume media, connect with brands and ultimately make purchase decisions. With the rise of smartphones, tablets and social media, today’s empowered consumers are seeking out information, interacting with brands and sharing their experiences. The old path-to-purchase model worked well with traditional media and brick-and-mortar stores: it was linear and predictable, starting with an ad and ending with an in-store purchase. But today’s digital path-to-purchase is non-linear and dynamic, with multiple touch points and interactions: consumers are doing everything from downloading product reviews while they’re shopping, to holding up their smartphones on a street to see where the best restaurants are. It’s a seismic shift that is reshaping the marketing and media landscape.
The 2012 Digital Day Conference, presented by Marketing magazine and the Canadian Marketing Association, will explore how best to navigate this fast-changing world and reach audiences at key points along the new purchase-decision journey. The focus will be on real-world examples, creative solutions and inspiring next steps in social media, mobile, online video, gaming, e-commerce, content creation and more.
Join us for a full day of keynote presentations, workshops and panel discussions featuring media, advertising and marketing leaders from across Canada and around the globe.”
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
