Archive for October, 2013
October 31, 2013
Earlier today the Supreme Court of Canada (“SCC”) released three long-awaited companion judgments that finally create clarity and certainty in the area of indirect purchasers’ ability to commence competition law class actions in Canada. (“Indirect purchasers” are consumers that have not purchased a product directly from an alleged overcharger, such as in a price-fixing cartel, but from a direct purchaser or another intermediary in the distribution chain.)
October 30, 2013
Canada’s Supreme Court is expected to release a long awaited indirect purchaser competition class action decision tomorrow. This case, and the tortuous (and conflicting) lower court appellate decisions before it in British Columbia, Ontario and Quebec, is expected to clarify the right of “indirect purchasers” to commence Competition Act class actions (i.e., consumers or other parties that have not purchased products directly from parties to a price-fixing or other cartel agreement). In advance of this important decision, commentary for and against indirect purchaser class action rights has once again begun, including today with a new C.D. Howe Institute report that advocates in favor of the right of indirect purchasers’ right to commence class actions.
October 25, 2013
Canada’s new Commissioner of Competition, John Pecman, spoke in Toronto yesterday and delivered remarks that, as in recent speeches, included an emphasis on trade association compliance. In this, his second speech since becoming Commissioner, the Commissioner signaled that trade and professional associations were once again on the Competition Bureau’s radar.
Guest post by Andrei Mincov (Trademark Factory)
October 16, 2013
Unlike large companies that can drown their competition with advertising dollars, small and midsize businesses only have a fighting chance of success if they can convince the market that there is something unique about them. Often, names, logos and taglines that a business uses as a shortcut to its successful marketing messages are so valuable that they should be protected as trademarks.
October 3, 2013
Earlier today the Competition Bureau published for public consultation a new draft Inquiries Bulletin. Canada’s new Commissioner of Competition, John Pecman, also outlined some of the Bureau’s priorities and made new announcements in remarks delivered at the annual CBA Fall Competition Law Conference in Ottawa.
October 1, 2013
The A38 Journal of International Law has issued a call for papers.