Archive for the 'News' Category
October 19, 2014
In an important decision released on October 17, 2014, Imperial Oil v. Jacques, 2014 SCC 66, the Canadian Supreme Court confirmed plaintiffs’ ability to obtain disclosure of wiretap evidence obtained in connection with criminal competition law investigations.
October 18, 2014
I am pleased to be a guest speaker at the Canadian Society of Association Executives’ (CSAE) National Conference 2014 in Niagara Falls this fall (October 29-31). I will be co-presenting with Mark Katz of Davies Ward Phillips & Vineberg, the co-author of our competition law and associations book. Below is an overview of our seminar.
October 15, 2014
Guest post by Steven J. Cernak, Schiff Hardin LLP
Reprinted with permission
On October 14, the Supreme Court heard oral argument in North Carolina Board of Dental Examiners v. FTC, the latest in its long line of cases interpreting the state action exemption to the antitrust laws. Clients who participate on or interact with such boards should be interested in the result of this case.
October 8, 2014
Concurrences Journal, in partnership with the New York University School of Law, will hold its inaugural conference “Antitrust in Emerging and Developing Countries” on Friday, October 24, 2014, at the NYU campus. This one-day conference (8:30am to 6:30pm) brings together speakers from China, Brazil, Mexico, South Africa, among other jurisdictions.
September 24, 2014
Canada’s Competition Bureau (the “Bureau”) has been working over the past year or two to update its competition law compliance guidelines and policies. Competition law compliance has also figured prominently in recent remarks by Canada’s new Commissioner of Competition, John Pecman (see for example: here). As part of the Bureau’s initiative to raise competition compliance awareness, on September 18th the Bureau issued a revised draft Corporate Compliance Programs Bulletin for public comment (see: here and here).
September 23, 2014
In the advertising law world, general impressions matter – a lot. In Canada, the federal Competition Act even includes specific sections that provide that the general impression of a claim (i.e., not merely the literal meaning of an advertising claim or what may be included in disclaimers or contracts) is to be taken into account by a court or the Competition Tribunal in determining whether or not a claim is false or misleading.
September 11, 2014
Well summer is certainly over. The weather is distinctly cooler and “fall-like” and in the competition/antitrust law world the number of cases and antitrust agency activity is increasing again. In this respect, one interesting case that caught my eye earlier today was a German trade association case in which the German antitrust agency (the Bundeskartellamt) announced that it has imposed 6.2 million euros in further fines for alleged price-fixing by members of a concrete paving stone association and association executive (see: Bundeskartellamt imposes further fines on manufacturers of concrete paving stones on account of price-fixing agreements).
September 10, 2014
An interesting new Cardus report released yesterday (authored by Stephen W. Bauld and Brian Dijkema), entitled Hiding in Plain Sight: Evaluating Closed Tendering in Construction Markets, argues against closed tendering in public construction procurement. The report also includes discussions of recent Charbonneau Commission developments, construction unions and purported arguments for closed tendering in public procurement (such as for “safety” or “qualification” reasons). One of the central conclusions of the report is that local rules that limit competitive tendering are diametrically opposed to the key principles of public procurement: openness, fairness and transparency. Well worth a read (abstract below with a link to the complete report).
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
