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April 20, 2014

Recently I was asked why an association should have a competition compliance program.  Sometimes I am asked why a company, association or other organization should have a compliance program.  And others, I am asked what a “compliance program is”.  These are both very valid questions. Here I thought I would write a short note on the first question (i.e, the “why”).

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April 7, 2014

Earlier today the Competition Bureau issued remarks from the Canadian Commissioner of Competition’s (John Pecman) talk in Vancouver at the Grocery Showcase West of the Canadian Federation of Independent Grocers (CFIG).

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April 7, 2014

As an update to two association cases that I blogged about last December (see: here), this past Friday the U.S. Federal Trade Commission (FTC) announced that it had approved settlements with two professional associations for allegedly restraining competition through association codes of ethics.

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April 4, 2014

The Continuing Legal Education Society of British Columbia (CLE BC) has published its Annual Review of Law & Practice – 2014.  This summary of major areas of Canadian law applicable in British Columbia includes my co-authored chapter on Canadian competition law developments and trends in 2013.

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March 30, 2014

Canada’s Competition Bureau has issued a number of new anti-cartel (Competition Act conspiracy) compliance materials, including an updated version of its Bid-Rigging Pamphlet and two new pamphlets: a Competitor Collaboration Pamphlet (a more comprehensive set of Bureau enforcement guidelines on this topic already exists) and an entirely new Trade Associations Pamphlet.

The Bureau had been planning to issue a standalone Bulletin on associations several years ago, but has evidently opted to rely on the association related discussion in its Competitor Collaboration Guidelines and this newly issued short pamphlet.  The Bureau has also issued a new video on competition law compliance.

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March 30, 2014

One competition law topic that I continually find interesting is joint ventures (i.e., collaborations between competitors).  While this is a significant area, with a variety of competition law issues that may need to be addressed in relation to a broad spectrum of types of JVs (e.g., joint marketing, joint production, joint R&D, etc.), I have always found the issues that can arise in the JV context very interesting.

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March 17, 2014

The deadline for papers for the OECD’s “Competition Policy Challenge No. 1” is March 31, 2014.  The competition, which was first announced late last fall and closes at the end of this month, was launched as the first in a multi-part competition policy paper competition, open to young researchers and PhD-level students.

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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.

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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)

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