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The American Bar Association Section of Antitrust Law has recently published the 2nd edition of its Franchise and Dealership Termination Handbook (see: ABA – Franchise and Dealership Termination Handbook).

From the ABA:

“The Franchise and Dealership Termination Handbook provides practical guidance for lawyers as they counsel their clients and navigate the difficult issues that often arise when a franchise or dealership ends. Termination is often the last thing parties consider when they first enter into a franchise or dealership relationship, but it is a critical event for all parties involved, and can give rise to significant duties and liabilities. A thorough understanding of the contractual relationship between the parties, and the common law and statutory landscape of franchise and dealership termination, is critical to protecting the rights and interests of all involved.

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The American Bar Association Section of Antitrust Law has recently published the most recent edition of its Antitrust Law Journal (see: Antitrust Law Journal (Volume 77, Issue 3)).

The current issue includes articles on antitrust and innovation (Herbert Hovenkamp, B. Zorina Khan, Tom Nicholas), patent tying, price discrimination and innovation (Christopher R. Leslie), licensing negotiations in standard-setting organizations (Richard J. Gilbert), patent holdup (George S. Cary, Mark W. Nelson, Steven J. Kaiser and Alex R. Sistla) and several antitrust and IP articles.

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CANADIAN CASL (ANTI-SPAM LAW) PRECEDENTS

Do you need a precedent or checklist
to comply with CASL (Canadian anti-spam law)?

We offer Canadian anti-spam law (CASL) precedents and checklists to help electronic marketers comply with CASL.  These include checklists and precedents for express consent requests (including on behalf of third parties), sender identification information, unsubscribe mechanisms, business related exemptions and types of implied consent and documenting consent and scrubbing distribution lists.  We also offer a CASL corporate compliance program.  For more information or to order, see: Anti-Spam (CASL) Precedents/Forms.  If you would like to discuss CASL legal advice or for other advertising or marketing in Canada, including contests/sweepstakes, contact us: contact.

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In December 2010 Canada’s new anti-spam legislation was passed (the “Anti-spam Act”) which will, when it comes into force, be one of the strictest anti-spam regimes in the world (see: Anti-spam Act).  In general, the Anti-spam Act will require express or implied consent for the sending of “commercial electronic messages” or “CEMs” and also impose form (i.e., disclosure) and unsubscribe requirements for CEMs.

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The Antitrust Law Section of the American Bar Association recently announced the publication of Antitrust Law Developments (Seventh).  Antitrust Law Developments is the seminal general U.S. text on antitrust law, a landmark of scholarship and reflects the collective efforts of many leading antitrust law practitioners and scholars.

From the American Bar Association:

“Antitrust Law Developments (Seventh) is the seminal comprehensive review of federal antitrust law, with reports on current case law and administrative and legislative developments current through 2011.

This 2-volume set updates you on key decisions in the courts, and developments at the enforcement agencies, keeping you current in every area of antitrust practice. Each edition of Antitrust Law Developments is designed to improve upon, as well as update, prior editions, and to ensure consistency with everchanging developments in this dynamic area of law.

This new seventh edition addresses important developments, including the Supreme Court’s decisions in Twombly, Leegin, American Needle, linkLine, and Weyerhaeuser and their treatment in the lower courts. Developments in the courts of appeals relating to bundled discounts and the antitrust-intellectual property interface all receive comprehensive treatment. The chapter on mergers and acquisitions has been substantially revised to reflect the new DOJ/FTC Horizontal Merger Guidelines and new foreign merger control regimes, and the discussion of the misuse doctrine in the chapter on intellectual property has been reorganized and revised.

Antitrust Law Developments (Seventh) is the product of an enormous team effort of Antitrust Section members and is a “must have” for every antitrust practitioner.

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Carswell has recently published a new book on Canadian defamation law, entitled Canadian Defamation Law and Practice (authors: R. Pepper, R. Stephenson, D. Morritt, J. Ross).

From Carswell:

“This book is designed to provide an overview of the Canadian law of defamation and a practice guide for lawyers advising on defamation issues or engaged in prosecuting or defending defamation actions.  It will also assist in-house counsel in recognizing areas of concern and help editors and others involved in the communications, advertising and media fields avoid publishing defamatory material.  It is an extremely practical guide to the area providing an overview of the law, practice tips and precedents.  Topics covered include: the plaintiff and defendant, defences, remedies, defamation and the internet, defamation and the charter, and more.”

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For more information about our regulatory law services contact: contact

For more regulatory law updates follow us on Twitter: @CanadaAttorney

CANADIAN CASL (ANTI-SPAM LAW) PRECEDENTS

Do you need a precedent or checklist
to comply with CASL (Canadian anti-spam law)?

We offer Canadian anti-spam law (CASL) precedents and checklists to help electronic marketers comply with CASL.  These include checklists and precedents for express consent requests (including on behalf of third parties), sender identification information, unsubscribe mechanisms, business related exemptions and types of implied consent and documenting consent and scrubbing distribution lists.  We also offer a CASL corporate compliance program.  For more information or to order, see: Anti-Spam (CASL) Precedents/Forms.  If you would like to discuss CASL legal advice or for other advertising or marketing in Canada, including contests/sweepstakes, contact us: contact.

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February 19, 2012

In December 2010 Canada’s new anti-spam legislation was passed (the “Anti-spam Act”) which will, when it comes into force, be one of the strictest anti-spam regimes in the world (see: Anti-spam Act).  Canada had been criticized prior to its passage as being the only G8 nation without stand-alone anti-spam legislation.  In general, the Anti-spam Act will require express or implied consent for the sending of “commercial electronic messages” and will also impose certain form (i.e., disclosure) and opt-out (i.e., unsubscribe) requirements.

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The ABA International Antitrust Law Committee has published a new January 2012 newsletter entitled: “Hot Topics”, with an article on the economic aspects of MOFCOM’s review of Seagate’s acquisition of Samsung’s hard disc drive business (see: China Highlights Economic Analysis in Decision Approving Seagate Acquisition of Samsung HDD Business).  The Committee’s “Hot Topics” series allows practitioners to opine on recent developments in their jurisdiction.

About the ABA International Antirust Law Committee:

“The Committee is an international network of antitrust practitioners and officials from many jurisdictions, including those with established and developing antitrust regimes. We provide a unique forum for practitioners and others with an interest in antitrust to learn about antitrust developments around the world as they happen, influence international antitrust policy and laws, and connect with an interesting and fun group of professionals from all corners of the globe.

During this 2011-2012 ABA year, we plan to build on our platform of award winning programs, publications and policy initiatives we have pursued in prior years. Our Committee’s success would not be possible without the energy, inspiration and involvement of our members and we welcome new suggestions and innovative ideas. As a member of this Committee, you will enjoy the unique opportunity to build your own network of antitrust colleagues around the world. One of the best aspects of the Committee is that we always encourage new faces, ideas and contributions; you can quickly become an integral part of what we do.”

The International Antitrust Law Committee also publishes an active listserve, annual Year-in-Review and an Essentials of Merger Review project, an ongoing Committee project that provides an online resource for practitioners to learn the “essentials of merger review” in key antitrust jurisdictions around the world.  The Committee has posted reports for 40 jurisdictions

The Committee also reports that it intends to turn its Essential of Merger Review project in to a hard-copy publication and is starting a similar on-line project for country-by-country information on cartel investigations.

The Committee will be holding its Spring Meeting in New York from April 17 to April 21.

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For more information about our regulatory law services contact: contact

For more regulatory law updates follow us on Twitter: @CanadaAttorney

Freshfields has published an interesting review of global antitrust trends for 2012 entitled Global antitrust in 2012: 10 key themes.

This rather fine Freshfields article discusses the following 10 trends for 2012:

1.  Cartels: cracking down on anti-competitive information exchange.

2.  More aggressive investigation techniques.

3.  Focus on supply and distribution networks.

4.  Consumer action: a growing threat of private claims and class actions.

5.  Cross-border M&A: going beyond traditional competition rules.

6.  The challenges of rapidly developing industries.

7.  Antitrust scrutiny of financial services.

8.  Single-firm conduct in a global market-place.

9.  Asia: active enforcement by rapidly developing regimes.

10.  Protection of human rights in antitrust cases.

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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

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