Archive for the 'Associations' Category
July 17, 2010
In R. v. Electrical Contractors Association of Ontario and Dent, an incorporated association of electrical contractors and its president were charged with conspiring under subparagraph 411(1)(d) of the Criminal Code (which later became section 45 of the Act) to unduly lessen the supply of electrical equipment.
July 15, 2010
In R. v. Abitibi Power & Paper Co., the member companies of a pulp and paper association were accused of conspiring to fix maximum prices for the purchase of pulpwood.
July 13, 2010
In R. v. Howard Smith Paper Mills Ltd., seven paper mills and twenty companies engaged in selling fine paper, as well as the secretary of one of two trade associations, were charged with contravening section 498(1)(d) of the Criminal Code.
July 11, 2010
While there are a number of other early association cases (including Dominion Supply (1917), Canadian Wholesale Grocers (1923), Master Plumbers (1929), Amalgamated Builders Council (1929) and R. v. Alexander (1932)), we now move closer to the modern era with one of the most important association competition law cases – R. v. Container Materials (1942).
July 7, 2010
In The King v. Beckett, the Dominion Wholesale Grocers’ Guild and a number of individual wholesale grocers were accused of conspiracy under section 498 of the Criminal Code (which predated the Combines Investigation Act and modern Competition Act).
July 5, 2010
In The King v. Clarke, the president of the Alberta Retail Lumber Dealers’ Association was accused of conspiracy under section 498 of the Criminal Code (which predated both the Combines Investigation Act and the Competition Act). This case involved an agreement among the members of the association to fix the price of lumber in various parts of Alberta. The arrangement included penalties for non-compliance and attempts to induce lumber manufacturers to refuse to supply to non-members. The association’s by-laws expressly provided for association price lists, the regulation of price in different sales territories and penalties for members that failed to comply. The accused was convicted at trial, which decision was affirmed on appeal.
July 3, 2010
In R. v. McMichael (1907), the manager of a plumbing supplier (Dominion Radiator Company) was accused of conspiracy under section 520 of the Criminal Code (Canada’s competition law was in the early years encapsulated in standalone legislation and the Criminal Code, and later the Combines Investigation Act and finally the modern Competition Act).
July 3, 2010
The federal Competition Bureau, which is responsible for the enforcement of Canada’s competition law under the federal Competition Act, has recognized on many occasions that associations (both trade and professional) often perform many beneficial functions for their members and for consumers. These may include updating members on industry developments, standard setting for products, initiatives to improve industry regulation and enhancing the quality or safety of products. In short, voluntary trade associations can often perform many types of beneficial (i.e., pro-competitive) functions and can also, in many instances, more effectively perform certain self-regulation functions than if formally regulated (i.e., through specific legislation or government regulation).
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
