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March 13, 2014

A new competition/antitrust law compliance text caught my eye today, entitled: The Executive’s Antitrust Guide to Pricing: Understanding Implications of Typical Marketing, Distribution, and Pricing Practices (Brian Moran, Lee Simowitz; Thomson Reuters) (see: here).

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February 17, 2014

Helping their clients understand (and take steps to avoid) competition/antitrust law cartels is top of the list for outside and in-house competition counsel.  The detection and enforcement of competition law cartels has also continued to receive increased enforcement attention in the past few years, both in Canada over the terms of the last two Commissioners of competition, as well as international antitrust agencies, notably in the EU and U.S.

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February 7, 2014

The Canadian Chamber has published a new report on Canadian competitiveness, entitled: “Tackling the Top 10 Barriers to Competitiveness 2014”.

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December 18, 2013

Tis the season for annual reviews and updates.  In this spirit, the Global Competition Review (GCR) has published its annual Antitrust Review of the Americas for 2014.  This year’s issue includes contributions relating to the ICN, U.S. antitrust enforcement (cartels, CFIUS, IP & antitrust, mergers, private litigation, unilateral conduct and vertical restraints) and Canadian competition law enforcement (cartels, Investment Canada Act, mergers, abuse of dominance and private actions).  This year’s issue also includes competition/antitrust law updates for Chile, Colombia, Costa Rica, Equador, Mexico, Panama and Suriname.  For a copy of the new issue see: Antitrust Review of the Americas 2014.

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November 12, 2013

The National Competition Law Section of the Canadian Bar Association (CBA) has published a new edition of its longstanding Canadian Competition Law Review (Fall 2013).  This new issue includes the following articles (and two comments): “Monopsony Power and the Relevance of the Sell-Side Market”, “The Use of Reduced-Form Equations to Estimate Cartel Price Effects: Lessons from the Kingston Retail Gasoline Cartel” and “A Canadian Court Considers the Crown’s Repudiation of an Anti-Trust Plea Agreement: Still a Work in Progress”.  For copies of the new papers see: Canadian Competition Law Review.

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March 21, 2013

The American Bar Association has published an updated version of its Frequently Asked Antitrust Questions (see: here).  Aside from the fact that the ABA publishes a number of excellent competition/antitrust texts, this one in particular caught my eye as having a new chapter on associations and antitrust – an area I do quite a bit of work in.

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February 27, 2013

This new global text on unfair competition caught my eye on my sweep of the web today: International Handbook on Unfair Competition, which includes chapters on major jurisdictions including Canada, the U.S., Australia, U.K., Brazil, China and a number of others.  Abstract:

“Written by a worldwide team of experts, this new work surveys and comments on the unfair competition laws of the world’s leading economic powers. Following a standard pattern, each chapter introduces the reader to the latest developments in each jurisdiction, highlighting the ways in which the basic legislation and case law relates to enforcement issues, and how unfair competition laws fit with wider considerations of consumer protection and within prevailing intellectual property and competition law frameworks.

Each of the country reports follows the same standard structure: Background and General Approach to Unfair Competition Law; Legal Basis of Unfair Competition Law and Relations to Neighbouring Areas of Law; General Considerations; General Clause Against Unfair Competition; Marketing; Protection of Competitors Against Unfair Trade Practices; Specific Protection of Consumers Against Unfair Trade Practices; Enforcement.”

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January 10, 2013

Howard Langer (of Langer Grogan & Diver) has authored a new competition/antitrust text on U.S. antitrust law, published by Wolters Kluwer, entitled Competition Law of the United States.  Abstract:

“Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in the United States covers every aspect of the subject – the various forms of restrictive agreements and abuse of dominance prohibited by law and the rules on merger control; tests of illegality; filing obligations; administrative investigation and enforcement procedures; civil remedies and criminal penalties; and raising challenges to administrative decisions. Lawyers who handle transnational commercial transactions will appreciate the explanation of fundamental differences in procedure from one legal system to another, as well as the international aspects of competition law. Throughout the book, the treatment emphasizes enforcement, with relevant cases analysed where appropriate. An informative introductory chapter provides detailed information on the economic, legal, and historical background, including national and international sources, scope of application, an overview of substantive provisions and main notions, and a comprehensive description of the enforcement system including private enforcement. The book proceeds to a detailed analysis of substantive prohibitions, including cartels and other horizontal agreements, vertical restraints, the various types of abusive conduct by the dominant firms and the appraisal of concentrations, and then goes on to the administrative enforcement of competition law, with a focus on the antitrust authorities’ powers of investigation and the right of defense of suspected companies. This part also covers voluntary merger notifications and clearance decisions, as well as a description of the judicial review of administrative decisions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in the United States will welcome this very useful guide, and academics and researchers will appreciate its value in the study of international and comparative competition law.”

For an overview of the new book see: Competition Law of the United States.

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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)

    WELCOME TO CANADIAN COMPETITION LAW! - OUR COMPETITION BLOG

    We are a Toronto based competition, advertising and regulatory law firm.

    We offer business, association, government and other clients in Toronto, Canada and internationally efficient and strategic advice in relation to Canadian competition, advertising, regulatory and new media laws. We also offer compliance, education and policy services.

    Our experience includes more than 20 years advising companies, trade and professional associations, governments and other clients in relation to competition, advertising and marketing, promotional contest, cartel, abuse of dominance, competition compliance, refusal to deal and pricing and distribution law matters.

    Our representative work includes filing and defending against Competition Bureau complaints, legal opinions and advice, competition, CASL and advertising compliance programs and strategy in competition and regulatory law matters.

    We have also written and helped develop many competition and advertising law related industry resources including compliance programs, acting as subject matter experts for online and in-person industry compliance courses and Steve Szentesi as Lawyer Editor for Practical Law Canada Competition.

    For more about us, visit our website: here.