Archive for the 'Associations' Category
October 30, 2014
I was pleased to have been a speaker at the Canadian Society of Association Executives’ (CSAE) Annual Conference in Niagara. I spoke, with Mark Katz of Davies Ward Phillips & Vineberg LLP, on information exchanges and surveys, codes of ethics and recent competition law developments for associations. The following is the first of three posts with our conference materials – an overview of competition law and surveys, recent Competition Bureau statements on information exchanges and some best practices.
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.
September 30, 2014
Guest post by Steven J. Cernak, Schiff Hardin LLP
Reprinted with permission
Post originally appeared on the AntitrustConnect Blog
On October 14, the Supreme Court will hear oral arguments 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. Dozens of amici have written briefs supporting both parties. Those briefs reveal significantly different opinions about the costs and benefits of state licensure boards and how their actions should be treated under the antitrust laws.
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
With a major bid-rigging trial commencing in Ottawa in the IT sector, ongoing auto parts bid-rigging/cartel investigations including record $5 million and $30 million bid-rigging fines in Canada (see e.g., here) and the Charbonneau Commission competition/corruption probe wrapping up in Quebec, it is increasingly important for bidders and tendering authorities to understand the basics of Canadian bid-rigging law. For governments and tendering authorities it is also important to enhance their abililties to detect coordinated bids and tenders. In this respect, I thought I would update my Canadian bid-rigging law page and add, among other things, a few key tips for tendering authorities to detect bid-rigging (see bottom of post).
September 21, 2014
Most association activities are legitimate and unlikely to raise competition law concerns. However, given that many, if not most, trade and professional association activities involve the direct interaction of competitors, it is prudent for association executives, staff and their advisors to take practical steps to reduce potential competition law risk.
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).