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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)

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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)

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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.

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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.

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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)

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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.

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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.

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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.

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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.