Competition Law for Canadian Associations, Revised Edition
By Bill Pashby, Robert Russell and Jennifer Hefler
Competition Act. Why do these two words often send a shiver through directors of Canadian associations? First, because this legislation directly affects the core purpose of many associations. Second, because breaches of competition law can result in multi-million dollar fines. And finally, because understanding this legislation requires only-ins sound knowledge of both law and economics.
The Competition Act was amended in March 2009. Some behaviours, like price maintenance and predatory pricing, are no longer criminal offenses under the Act. But other provisions, such as conspiracy and abuse of dominance, were given heightened sanctions.
The risks are real. This revised edition serves to demystify competition law as it currently applies to industry, trade, and professional associations, and other not-for-profit organizations and their members operating in Canada.
With guidelines for developing compliance policies, recommendations for conduct at meetings and advice when to seek legal counsel, it is essential reading for staff, directors and members of associations across Canada.
About the Authors
Bill Pashby is national head of the Not-For-Profit Organization Practice Group at Borden Ladner Gervais, LLP (BLG). He practices in the Toronto office of the firm, which also has offices in Ottawa, Montreal, Calgary, Vancouver, and Waterloo Region. He is a legal advisor to many not-for profit organizations including trade associations, charities, and hospitals. He has presented papers at CSAE annual conferences and seminars and has written several articles for CSAE publications. He is a member of the CSAE.
Robert Russell and Jennifer Hefler are members of BLG's Competition and Marketing Law Department. Rob Russell is a partner in the Toronto office of the firm and the practice group leader for the Competition Law Group. Jennifer Hefler is an associate in BLG's Toronto office and practices exclusively in the area of Competition Law. Both have represented private organizations involved in proceedings related to the Competition Act. Rob Russell has also acted as Special Counsel to the Commissioner of Competition.
- Why is Competition Law Relevant to Associations
- How Canadian Competition Law Began
- How the Competition Act Works in Practice
- The Key Sections of the Act for Associations
- Provisions of the Competition Act Relevant to Members
- How to Conduct Meetings to Avoid Competition Act Problems
- Establishing a Competition Law Compliance Program