Archive for the 'Books' Category
ABA International Antitrust Committee – March 2012 Newsletter
The International Antitrust Law Committee of the American Bar Association has published its March 2012 Newsletter, which includes articles on trends in antitrust enforcement in CEE countries, investigation of cartels in Russia, a note on Ecuador’s Antitrust Act and competition compliance in the EU.
ABA Section of Antitrust Law – Market Definition in Antitrust (March 2012)
The ABA Section of Antitrust Law has published Market Definition in Antitrust: Issues and Case Studies.
From the ABA:
“Market Definition in Antitrust: Issues and Case Studies provides a comprehensive analysis of the issues involved in defining markets in antitrust cases. Market definition is central to most antitrust cases, because determining the existence of market power typically requires the definition of a relevant market. This book will prove a valuable guide to antitrust practitioners and consulting economists who are dealing with market definition.
This book is a thorough and accessible single volume practical guide to the definition of relevant markets and to empirical techniques that have been used in a variety of industries. The first chapter provides an overview of the theoretical concept of a relevant market. The remaining chapters provide industry-specific illustrations of how markets are defined in different contexts. The economic and legal analysis of product market definition has advanced significantly past the simple tests that were put forth in the Supreme Court’s 1962 decision in Brown Shoe Co. v. United States. Similarly, the analysis of geographic markets has come to recognize the limitations of the tests that focus exclusively on shipment patterns.
Data limitations and institutional considerations mean that there is no cookie-cutter approach to market definition that can be applied in all contexts. This book describes modern methods of market definition and analyzes their application in actual cases.”
For more information see:
Anti-corruption: Anti-Corruption Regulation 2012 (including Canada) – GCR (March 2012)
From GCR:
“Getting the Deal Through is delighted to publish the fully revised and updated sixth edition of Anti-Corruption Regulation, a volume in our series of annual reports, which provide international analysis in key areas of law and policy for corporate counsel, cross-border legal practitioners and business people.
Following the format adopted throughout the series, the same key questions are answered by leading practitioners in each of the 54 jurisdictions featured. New jurisdictions this year include Argentina, Croatia, Cyprus, Ireland and Turkey.”
For more information see:
Anti-Corruption Regulation 2012
Competition: Cartel Regulation 2012 (including Canada) – GCR (February 2012)
From GCR:
“Global Competition Review is delighted to publish the fully revised and updated twelfth edition of Cartel Regulation, a volume in the Getting the Deal Through series of annual special reports providing international analysis in key areas of law and policy for corporate counsel, cross-border legal practitioners and business people.
The globalisation of the world’s economy means that cartel investigations are increasingly likely to be faced simultaneously in multiple jurisdictions. In the format adopted throughout the series, the same key questions are answered by leading practitioners in 46 jurisdictions worldwide. New jurisdictions this year include Belgium, Ecuador, Hungary, Indonesia, Slovakia and Zambia.”
For more information see:
Our friend Russell Brown at the University of Alberta has written a new book on economic loss in negligence entitled Pure Economic Loss in Canadian Negligence Law.
From LexisNexis:
“Finally, Canadian tort and contract lawyers have a new resource to consult on claims in negligence for pure economic loss. Written by law professor Russell Brown, this book comprehensively deals with this complex and often confusing area of Canadian law.
This is the first book devoted solely to examining Canadian case authorities and the unique problems that arise from them. It also introduces a new innovative macro-organizational structure for understanding pure economic loss. In doing so, the book brings new insight, explanations, and ways of looking at this complicated subject area.
The First of Its Kind
The duty of care analysis in Canadian law concerning pure economic loss has become extraordinarily complex and in some respects is not being stated or applied consistently at the Supreme Court of Canada from case to case.
Therefore, there is a real need for a book devoted solely to examining the Canadian case authorities and the unique problems that arise from them. This is that book.
A New Perspective
This book adopts a new macro-organizational structure for understanding pure economic loss: First, the subject area is divided into two parts, with each part corresponding to one of the two bases for recognizing a duty of care in negligence law. Those bases are: (1) the physical loss basis and (2) the reliance loss basis.
Second, each of the four categories of pure economic loss is assigned to one of those two parts (Relational Economic Loss and Loss of Bargain Arising from Defective Products or Building Structures fall under the physical loss basis, while Negligent Misrepresentation and Negligent Performance are consigned to the reliance loss basis).
We came across the following new and interesting Canadian litigation and regulatory law books, including a new defamation text and a new edition of an interesting text on law for real estate agents:
Fairness in Class Action Settlements (Carswell) – Catherine Piche
From Carswell:
“This treatise explores the legal policy and reasoning behind the mandatory judicial approval of class action settlements, the process by which it is sought and obtained, the currently relevant factors and indicia of settlement fairness which support all decisions to approve, and the roles of the principal settlement actors, particularly the settlement judge. It suggests reform recommendations applicable to these approval processes, roles of the actors and standard of settlement fairness. These recommendations are tested, for their plausibility, against empirical data obtained from the qualitative interviews of seventeen judges conducted by the author in four target jurisdictions that have similar approaches to class action settlement approvals, and where class action litigation activity is heavy: Quebec, Ontario, British Columbia, and the United States federal courts.”
For more information see:
New (2012) advertising, competition/antitrust, cartel, trade and class action law books from Oxford University Press:
The Class Action Playbook – Brian Anderson and Andrew Trask
From OUP:
“The Class Action Playbook is a unique and strategic “how to” guide for practitioners seeking to bring or defend a class action. Every important issue is addressed, including the initial shape of the proposed action, choice of forum, case-management schedules, pre-certification discovery and motions activity, briefing and argument of the class-certification motion, class notice, preparation for trial, class settlements, and the binding effects of class action judgments.
Experienced practitioners Brian Anderson and Andrew Trask analyze what decisions the plaintiff and defendant must make at each stage of a proposed class action, and the considerations that might drive different strategies at each stage. The authors explain the importance of every issue, the choices available to each side, and the factors each side should consider in choosing the best path to follow.
This Second Edition covers six relevant cases from the historic 2010 and 2011 Supreme Court terms; official commentary on class actions with citations to the new American Law Institute’s statement of the Principles of Aggregated Litigation, and where it upholds plaintiffs’ or defendants’ arguments; a discussion on emerging class action litigation tactics, including the use of arbitration clauses and the use of motions to strike class allegations; new appellate-court trends in class-action law, including developments in adequacy of representation, superiority, and use of experts at class certification.”
For more see: OUP: Class Action Playbook
The Global Competition Review (GCR) has published a volume on private antitrust litigation. This issue includes articles on private antitrust litigation in Europe, the U.S., Turkey and an interview with Procter & Gamble Vice President and General Counsel Libby Rutherford (see: GCR February 2012).
We like to highlight particularly impressive competition/antitrust law websites, books and academic projects from time-to-time. In this regard, one of the most impressive ongoing collective scholarship projects is the Essentials of Merger Review project being worked on by members of the American Bar Association’s International Antitrust Law Committee (see: Essentials of Merger Review).
This staggering and ambitious project is currently assembling and updating the essential merger review rules for most countries with merger review systems, including Canada, under the supervision of a team of regional editors.
Currently, the Merger Review Project includes summaries for more than 40 jurisdictions.
The British Columbia Real Estate Association has published its 2012 Legal Update book for members of British Columbia real estate boards and BCREA.
This 2012 installment of its annual legal update series includes the following chapters:
Does One Have to be a Lie Detector in Real Estate (Greg Blanchard), Material Latent Defect or Stigmatization (Brian Taylor), Condition or Covenant (Peter Ramsay), Damages for Failure to Complete (Devin Kanhai), Licensee Remuneration – Entitlement (Devin Kanhai), The Homeowner Protection Act – What Needs to be Considered (Doug Cox and Jan Calkins), REDMA Update (Jennifer Clee), Electronic Transactions Act (Ed Wilson) and Canadian Competition Law – The New Competition Act – The First 2 Years in Force (Steve Szentesi).
The competition law update chapter in this new publication, prepared by our firm, includes discussions of: (i) the 2009 and 2010 amendments to the Competition Act, (ii) Competition Act enforcement and penalties, (iii) key enforcement developments in the past two years (including conspiracy and misleading advertising law developments), (iv) a discussion of key implications of Canada’s new competition laws for Canadian real estate agents and brokers, (v) a discussion of the CREA abuse of dominance case (settled at the end of 2010) and mere postings and (vi) and a brief overview of Canada’s new anti-spam legislation (Bill C-28).
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Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
