Archive for the 'Associations' Category
July 1, 2010
In R. v. Master Plumbers and Steam Fitters Co-operative, two trade associations in the plumbing industry were accused of conspiracy under section 520 of the Criminal Code (which came long before the Combines Investigation Act and later, in 1986, our modern Competition Act).
July 1, 2010
In 1905, Canadian competition law was 16 years old (Canada’s competition/antitrust legislation preceded the United States, with its Sherman Act of 1890, by one year, having passed anti-combines legislation in 1889).
July 1, 2010
The Globe and Mail reported yesterday that the federal Competition Tribunal has refused Lawrence Dale’s request for leave to intervene in the CREA abuse of dominance case.
June 26, 2010
“A [compliance] program also plays a crucial role for trade associations because trade associations face unique compliance issues. Given that an association provides a forum where competitors collaborate on association activities, trade associations are exposed to greater risks of anti-competitive conduct. A number of past Bureau cases have involved trade associations that were engaged in agreements to harm competition. It is therefore critical that trade associations implement credible and effective programs with strict codes of ethics and conduct. Such programs may allow trade associations and its members to avoid improper actions and to protect themselves from being used as a conduit for illegal activities. They may also allow trade association members to fully benefit from the association’s activities while reducing the potential for inadvertent contraventions of the Acts.” (Competition Bureau, Corporate Compliance Programs Information Bulletin)
June 18, 2010
We are delighted to announce the forthcoming new book that we are co-authoring on competition law and associations (trade and professional associations): The Competition Law Guide for Associations.
June 14, 2010
The federal Competition Tribunal has announced that a date has been set for the Tribunal to hear motions for leave to intervene in the Competition Bureau’s abuse of dominance application against The Canadian Real Estate Association. Motions for leave to intervene will be heard in Ottawa on Wednesday, June 30, 2010. For more see: Competition Bureau – Notice of Application, Canadian Real Estate Association – Response,Competition Bureau – Reply. For the intervenors’ requests for leave to intervene see: Lawrence Mark Dale – Request for Leave to Intervene and National FSBO Network Inc. – Motion for Leave to Intervene.
June 14, 2010
CONSPIRACY / CARTELS
Recent Speech by Canada’s Commissioner of Competition Indicates Tougher Enforcement Stance Against Criminal Cartels
In a recent speech by Canada’s new Commissioner of Competition to the Canadian Bar Association’s Spring Competition Law Conference, the Commissioner outlined some of the Competition Bureau’s current enforcement and policy priorities following the recent significant amendments to Canada’s competition law. The Commissioner’s remarks included a number of comments regarding the Competition Bureau’s (the “Bureau”) enforcement policy in relation to the new criminal conspiracy rules, enforcement priorities, the Bureau’s new sentencing and leniency policies and, of particular note, indicating that the Bureau wants to take a tougher stance against criminal cartels (including seeking increased penalties against individuals involved in criminal cartel conduct). For more see: Recent Speech by Canada’s Commissioner of Competition Indicates Tougher Enforcement Stance Against Criminal Cartels.
April 20, 2010
ASSOCIATIONS & COMPETITION LAW
“A [compliance] program also plays a crucial role for trade associations because trade associations face unique compliance issues. Given that an association provides a forum where competitors collaborate on association activities, trade associations are exposed to greater risks of anti-competitive conduct. A number of past Bureau cases have involved trade associations that were engaged in agreements to harm competition. It is therefore critical that trade associations implement credible and effective programs with strict codes of ethics and conduct. Such programs may allow trade associations and [their] members to avoid improper actions and to protect themselves from being used as a conduit for illegal activities. They may also allow trade association members to fully benefit from the association’s activities while reducing the potential for inadvertent contraventions of the Acts.”
(Competition Bureau, Corporate Compliance Programs Information Bulletin)
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
