Archive for the 'Associations' Category
April 23, 2013
There has been quite a bit of debate recently in Canada about the pros and cons of regulation. Some of the highlights of this debate have included announcements by the Competition Bureau that it is stepping up its advocacy efforts in certain regulated sectors (e.g., health, wireless, etc.) (see: here), calls by some policy groups (e.g., the CD Howe Institute) to more closely scrutinize anti-competitive restraints insulated by the “regulated conduct doctrine” (see: here) and a vigorous ongoing debate in the wireless sector about the level of appropriate regulation and extent to which Canada’s large three incumbent carriers should be insulated from foreign competition.
April 22, 2013
In an interesting trade association related case that caught my eye today, the Competition Commission of Singapore (CCS) has announced that Singapore’s Competition Appeal Board (CAB) has largely upheld penalties against 11 modeling agencies that had engaged in illegal price-fixing activities relating to the supply of modeling services (see: CAB Dismissed Most Grounds of Appeal by Modelling Agencies).
April 16, 2013
Yesterday, the Competition Bureau announced that the Federal Competition Tribunal had dismissed its 2011 abuse of dominance application against The Toronto Real Estate Board (see: Competition Bureau to Review Competition Tribunal Ruling). For an overview of the case see: here.
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).
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.
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.
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).
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:
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
