Archive for February, 2014
February 28, 2014
Guest post by Burt Braverman
(Partner, Davis Wright Tremaine LLP)
Virtually every industry, from telecommunications to agriculture, has benefited from standard-setting organizations (SSOs), whose collaborative work can advance technology, promote health and safety, and enhance quality and efficiency. From an antitrust perspective, by facilitating comparability and interoperability, SSOs can lessen barriers to entry, increase competition, reduce costs, and thus serve consumer welfare. It’s no wonder that courts and antitrust enforcement agencies have recognized SSOs’ pro-competitive qualities and the contributions they make to our nation’s economy. But on occasion, some SSOs have been accused of having a dark side, and of serving as a vehicle by which corporate members can use leadership positions within the SSO to promote their own interests and harm competitors.
February 28, 2014
In two interesting trade association related cases that caught my eye today, the German (Bundeskartellamt) and Japanese (Fair Trade Commission – “JFTC”) antitrust authorities have taken action against two trade associations for their alleged participation in price-fixing agreements with members (see: here and here).
February 28, 2014
On my daily media sweep I read what I thought was a very good critique by Don Cayo (Vancouver Sun) of Canada’s current dairy industry, and in particular raising questions (yet again) as to whether supply management makes sense in Canada (see: Canada’s dairy monopoly costs families $276 a year).
February 25, 2014
Guest post by Burt Braverman
(Davis Wright Tremaine LLP)
Professional and trade associations contribute to the public welfare in many ways, including disseminating information, promoting research, developing standards and spurring industry initiatives. But such associations generally are composed primarily of actual or potential competitors, and sometimes seemingly benign conduct—including even actions intended to promote the ethical conduct of an association’s members—can have untoward consequences for third parties, association members and the association itself, including potential antitrust liability. The recent announcement by the Federal Trade Commission (FTC) of consent decrees entered into by two professional associations—the first representing music teachers, and the other representing legal support services providers—highlights this risk and the need for professional and trade associations to guard against their codes of ethics, and also their policies, standards, rules and procedures, being co-opted for potentially anticompetitive purposes.
February 25, 2014
In an interesting and important decision issued by the Ontario Superior Court of Justice on February 21st, the Court has now imposed a $500,000 civil administrative monetary penalty (“AMP”) against Rogers for failing to have performed adequate and proper testing in some Canadian markets for performance claims made in relation to its Chatr Wireless brand (see: Canada (Commissioner of Competition) v. Chatr Wireless Inc., 2014 ONSC 1146).
February 20, 2014
In what can only be called a sobering reminder earlier today of the importance of not obstructing an ongoing criminal antitrust investigation, the U.S. Department of Justice announced that a former auto parts supplier executive has agreed to plead guilty for obstructing the U.S. authorities’ ongoing auto parts cartel investigation and serve jail time.
February 20, 2014
Earlier today, and close on the heels of the announcement of winners in the Government’s 700 MHz spectrum auction yesterday (see: here), the CRTC has announced that it is launching a new public consultation on the state of competition in the wholesale mobile wireless services market. According to the CRTC’s announcement, it is interested in hearing from Canadians on: (i) the state of the market for wholesale mobile wireless services (including wholesale roaming and wholesale tower sharing); (ii) the impact that the wholesale mobile wireless services market has on the retail market; and (iii) whether greater regulatory oversight would be appropriate if it were to find that the wholesale mobile wireless services market is not sufficiently competitive.
February 20, 2014
As part of its upcoming Global Forum on Competition, the OECD has published an interesting new report on competition in the pharmaceuticals sector entitled Competition Issues in the Distribution of Pharmaceuticals. This new report, with submissions from Canada (the Competition Bureau) and United States (DoJ and FTC), includes discussions on a variety of competition/antitrust topics related to the distribution of brand and generic pharmaceticals.
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
