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 4, 2010
In a recent speech by Canada’s new Commissioner of Competition to the Canadian Bar Association’s Spring Conference, the Commissioner outlined some of the Competition Bureau’s current enforcement and policy priorities following Canada’s recent competition law amendments.
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).
July 2, 2010
We are pleased to launch the innaugural first edition of our Canadian Business Law Update newsletter. Our Business Law Updates, online and in print to our clients, will provide Canadian business law updates in strategic areas of Canadian business law and Canadian competition/antitrust law.
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.