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)
April 20, 2010
OVERVIEW OF CANADIAN COMPETITION LAW
“The statute proceeds upon the footing that the preventing or lessening of competition is in itself an injury to the public. It is not concerned with public injury or public benefit from any other standpoint.”
(Howard Smith Paper Mills Ltd. v. The Queen, [1957] S.C.R. 403)
April 19, 2010
On March 12, 2010, Canada’s new two-track criminal conspiracy regime came into force. The changes, which are the final recent Competition Act amendments to come into force, will significantly change the enforcement of criminal cartels in Canada and is expected to also have significant impacts on competition law private actions and class actions.
April 15, 2010
Overview
New criminal conspiracy provisions recently came into force in Canada, in March, 2010, as a result of sweeping amendments to the Competition Act (the “Act”) last year.
April 15, 2010
OVERVIEW OF CANADIAN COMPETITION LAW
“The statute proceeds upon the footing that the preventing or lessening of competition is in itself an injury to the public. It is not concerned with public injury or public benefit from any other standpoint.”
(Howard Smith Paper Mills Ltd. v. The Queen, [1957] S.C.R. 403)
April 13, 2010
We are pleased to feature an update on the progress of competition law in India during the past year from our friends at the leading Indian firm Luthra & Luthra.
April 9, 2010
The following are some of the recent publicly reported Canadian trade association, conspiracy and bid-rigging cases that have involved Competition Bureau (the “Bureau”) investigations, penalties, court orders or settlements.
April 6, 2010
On March 12, 2010, the last of Canada’s Competition Act (the “Act”) amendments came into force (Canada’s new two-track conspiracy regime). The amendments, which came into effect in March, 2009 and March, 2010 are the most significant changes to Canadian competition law in twenty-five years and in some instances arguably since Canada adopted competition law.