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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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January 30, 2013

Given that I do a lot of work in the area of competition/antitrust law and trade and professional associations, this upcoming webinar being hosted by Strafford entitled Antitrust Pitfalls for Trade Associations and Members caught my eye.

While there are differences between the application of competition law to associations in Canada under the Competition Act and in the U.S. under the Sherman Act and state laws, many of the principles are the same.  From Strafford:

“This CLE webinar will prepare counsel to and members of trade associations to minimize the risks of antitrust liability. The panel will explain recent guidance from the FTC and other federal agencies and outline clear antitrust compliance measures for associations and their members.

Successful antitrust suits can be catastrophic for businesses. Defendants may be liable for millions of dollars in civil forfeitures, triple damages to individual plaintiffs, enormous attorneys’ fees, and even criminal sanctions.

In trade associations, competitors communicate and collaborate. However, associations and members must avoid even the appearance of anticompetitive intent in all activities to ensure they don’t violate antitrust laws and regulations.

Recent cases offer critical guidance on antitrust compliance for trade associations and their members. Trade associations must have clear compliance programs to prevent conduct that would facilitate competitors coordinating on pricing or competition.

Listen as our panel of experienced antitrust practitioners examines the antitrust pitfalls for trade associations and their members, discusses lessons from recent anticompetitive conduct enforcement actions, and offers guidance for minimizing the risk of antitrust violation.”

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January 24, 2013

The International Competition Network (ICN) and others have announced a call for nominations for the best antitrust articles for the 2013 Antitrust Writing Awards, which is being co-organized by the Institute of Competition Law and the George Washington University Competition Law Center.  From the ICN:

“Application for nominations of the best antitrust articles for the 2013 Antitrust Writing Awards are now being accepted through 31 January. The Steering Committees of the Antitrust Writing Awards, composed of leading enforcers, academics and counsels, will nominate the articles.  To apply for nomination, please send an email to contact@concurrences.com with a link to the proposed article and its publication references. Click here to see the Rules for eligible articles.  The Board of the Antitrust Writing Awards will announce the winning articles on 9 April, at the eve of the ABA Antitrust Spring Meeting. The Antitrust Writing Awards are co-organized by the Institute of Competition Law and the George Washington University Competition Law Center. These Awards aim at rewarding those who stand out from their peers by publishing the best academic or business articles.”

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January 20, 2013

The Canadian Society of Association Executives (CSAE) in Toronto has issued a call for conference speaker proposals for their upcoming 2013 National Conference & Showcase, to be held in Winnipeg in September.  I had the honor of speaking at this conference last fall, on the topic of trade associations and competition law compliance.  It is an impressive event attended by association executives from across Canada in many sectors.  For more information about the conference and speaker proposal process visit the CSAE’s website: CSAE.

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December 20, 2012

The Asian Competition Forum has posted the papers from its recent 8th Annual Asian Competition Law Conference (2012).  In a rather impressive showing, contributions relating to China, Hong Kong, India, Japan, Singapore and others include papers and presentations on:

Setting Up a New Competition Regime: the Indian Experience

The Tasks and Challenges of Enforcing the Hong Kong Competition Ordinance

The Role of the Media in Building a Competition Culture

Developing a Culture of Competition

Priority Setting in Competition Law – the Australian Experience

Establishing Sound Enforcement Processes in China

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December 11, 2012

The Canadian Council of Chief Executives (CCCE) and School of Public Policy (University of Calgary) hosted a half-day Canada in the Pacific Century conference on December 10th (see: Canada in the Pacific Century), as part of its series on Canada/Asia trade.

The CCCE has now uploaded slides and videos from the conference – see: webcast of “Canada in the Pacific Century”.

Conference overview:

“Asia’s rise is the single most important force transforming the global economy at the beginning of the 21st century.  Rapid urbanization and the expected doubling of the world’s middle class will have far-reaching consequences, from unprecedented demand for food, energy and other resources, to a reshaping of the multilateral trading system.  Countries and companies that adapt successfully to these changes can expect to prosper and grow; others will be left behind.  On behalf of the Canadian Council of Chief Executives, thank you for participating in this conference series on Canada’s economic prospects in a rebalanced global economy.”

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December 7, 2012

The Corporate Counsel and Unilateral Conduct/Reviewable Matters Committees of the Canadian Bar Association will be co-hosting the following upcoming teleconference on December 13th: Advising Amongst Uncertainty: Abuse of Dominance in Canada and the New Guidelines:

“Globally, enforcement of unilateral conduct laws has led to some of the most high profile matters in antitrust history, including Microsoft and Google in the US and EU.  By comparison, unilateral conduct has seen much less enforcement in Canada in the last decade, which has arguably impacted the amount of attention it receives by businesses and their legal advisers.  However, the Competition Bureau’s approach to enforcement appears to have changed since 2009 and has produced recent high profile cases including the Canadian Real Estate Association and Toronto Real Estate Board abuse of dominance cases.

With the new Abuse of Dominance Guidelines released on September 20, 2012, both in-house counsel and private practitioners are revisiting this area with interest.  But how helpful are the shortened Guidelines in providing meaningful guidance, and where else can counsel turn for information?  Join us for lively discussion on the state of Abuse of Dominance in Canada, including hypothetical fact scenarios and practical insights on advising in this complex and evolving area.”

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November 13, 2012

Earlier today, the CRTC announced that it has launched its online discussion for consultations for the new consumer wireless code of conduct.  In making the announcement, the CRTC’s Chairman Jean-Pierre Blais said:

“’We encourage Canadians to join the online discussion and have their say on how wireless contracts could be clearer and easier to understand. … By sharing their views, Canadians can help us shape a clear list of terms and conditions that wireless companies will need to include in their contracts.’  The CRTC recently examined the wireless market and found that contracts were a source of significant concern for many Canadians. Once completed, the code will help Canadians better understand their rights and their wireless company’s responsibilities, and allow them to make informed decisions in a competitive marketplace.”

The CRTC’s new online discussion, which will be open until December 4th, will allow Canadians to give their views on what they think should be in the new mandatory wireless code, how wireless related complaints should be resolved and promotion and enforcement of the code.

The CRTC first announced that it was launching new public consultations for a mandatory wireless code of conduct on October 11th (see: here and here) to formulate guidelines for wireless contracts and reduce potential misleading advertising related issues.

In its initial announcement in early October, the CRTC set out the following general elements it is considering addressing in the new wireless code: clarity of contract terms and conditions; changes to contract terms and conditions; contract cancellation, expiration and renewal; clarity of advertised prices; application of the code to bundles of telecommunications services; notification of additional fees; privacy policies; hardware warranties and related issues; loss or theft of hardware; security deposits; and disconnections.

This online discussion will be followed by another in early 2013 (from January 28 to February 1, 2013).

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