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Archive for the 'Competition Bureau' Category

April 15, 2013

Earlier today, the Competition Bureau announced that the Federal Competition Tribunal has dismissed its 2011 abuse of dominance application against The Toronto Real Estate Board and that it would be “reviewing” the Tribunal’s decision (see the Competition Bureau’s news release: Competition Bureau to Review Competition Tribunal Ruling).

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April 12, 2013

Earlier today, the U.S. Federal Trade Commission released 2013 Annual Highlights setting out its priorities over the past year, which generally include promoting online privacy and data security, fostering competition in high-tech industries and healthcare and protecting children and other vulnerable consumers from fraud.

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April 9, 2013

Yesterday the U.S. Department of Justice (DoJ) announced that it had reached a settlement with Chiropractic Associates Ltd. of South Dakota (CASD), an association composed of approximately 80% of practicing chiropractors in South Dakota, in relation to the association’s collective negotiations with insurers to set chiropractic service prices.  According to the DoJ, apart from CASD members that were part of the same practice groups, the association’s members were not clinically or financially integrated and CASD’s actions were not necessary to achieve any consumer benefits.

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April 8, 2013

Steve Szentesi &
Mark Katz (Davies Ward Phillips & Vineberg LLP)

(Upcoming note for Associations+)

Just as with any other board of directors, directors of trade and profession associations generally owe duties of loyalty, care and skill to their organizations.  While the applicable standards may vary to some extent or be expressed differently between provinces, association directors are generally required to act honestly and in the best interests of the association and to exercise diligence and skill in the course of fulfilling their duties.  Based on this duty of care, directors have an obligation to take steps not only to advance the interests and objectives of their association, but also to protect their association against risk, including the risks entailed by non-compliance with the law.

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April 6, 2013

Yesterday, Canada’s Interim Commissioner of Competition, John Pecman, delivered remarks at the C.D. Howe Institute in Toronto – his fifth speech since taking the position of Interim Commissioner last fall (see: Remarks by John Pecman, Interim Commissioner of Competition).  In general, his remarks reflected some fairly well known aspects of his views as an antitrust official, notably his focus on enforcement (a theme consistent with the previous Commissioner who stepped down last fall).

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April 5, 2013

Yesterday, the Competition Bureau announced that in connection with its ongoing motor vehicle components  cartel investigation, Furukawa Electric Co., Ltd. (Furukawa), a Japanese supplier of motor vehicle components, pled guilty and was fined $5 million by the Ontario Superior Court for participating in a bid-rigging agreement to relating to bids provided to Honda of Canada Manufacturing Inc. (see: $5M Fine for a Japanese Supplier of Motor Vehicle Components).

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March 29, 2013

CANADIAN CONTEST RULES/PRECEDENTS

Do you need contest rules and forms for a Canadian contest/sweepstakes? I offer a selection of Canadian contest rules and forms for random draw, skill and other common types of Canadian contests (i.e., contest precedents and forms). For more information see Canadian Contest Forms/Precedents.

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Want to win a house for $100? That’s exactly what one Ontario couple offered recently as a prize through a contest they came up with after watching the movie Spitfire Grill, where the main character holds a contest to give away her diner (see: Aylmer Couple Holds Essay Contest to Sell Country Home for $100).

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March 26, 2013

Earlier today, the European Commission announced that it has extended its credit default swaps (CDS) investigation to include the International Swaps and Derivatives Association (ISDA).  In making the announcement, the Commission said:

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    buy-contest-form Templates/precedents and checklists to run promotional contests in Canada

    buy-contest-form Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)

    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.