Canada has the oldest antitrust authority in the world and they always seem to be pacesetters in competition policy. Our Canadian collection, organized by Mark Katz, highlights recent activities/controversies that are sure to spill over to the rest of the world. Our second collection includes three articles that follow-up on previous reports, including the question of whether keyword advertising truly harms the consumer, the Italian authority being reversed on the Pfizer case, and the FTC’s report on K-Dur that encourages complaints regardless of the likelihood of winning.

Canada Update

Kevin Ackhurst, Sep 13, 2012

Competition Law Guidance Under Commissioner Aitken: A Survey

During her tenure, the Commissioner introduced a number of new or updated policy documents to offer guidance to consumers, businesses, and their advisors. Kevin Ackhurst (Norton Rose)

John Campion, Antonio Di Domenico, Sep 13, 2012

The Constitutionality of Administrative Monetary Penalties Under the Competition Act: Is Rowan a Full Answer?

Some AMPs are so large that they arguably amount to penal sanctions. John A. Campion & Antonio Di Domenico (Fasken Martineau)

Richard Elliott, Sep 13, 2012

Canadian Competition Tribunal Orders Divestiture in Waste Merger: Some Lessons Learned

The Commissioner’s application raised a number of legal issues, including the threshold and analysis for establishing that a merger has prevented future competition…Richard Elliott (Davies Ward)

Erika Douglas, Mark Katz, Sep 13, 2012

The Canadian Sir Process: A Progress Report

There has now been sufficient experience with Canada’s new SIR process to offer a few conclusions about the efficacy of its operation. Mark Katz & Erika Douglas (Davies Ward)

Graham Reynolds, Sep 13, 2012

A Short Note on Plea Agreements in Canadian Antitrust Cases

Plea practices in Canada are relatively straightforward but have important implications for both crown and defense. Graham Reynolds, Q.C. (Osler)

Of Special Interest

David Evans, Elisa Mariscal, Sep 13, 2012

The Role of Keyword Advertising in Competition Among Rival Brands

Courts and regulators should recognize the very important contribution that informative comparative advertising makes to competition. David S. Evans (Univ. of Chicago) & Elisa Mariscal (CIDE & ITAM)

Stefano Grassani, Sep 13, 2012

“From Astra-Zeneca to Pfizer” Stage II: The Italian Administrative Court Reverses the Monopolization Claim Established by the Autorit  Garante della Concorrenza e del Mercato

The judgment of the Administrative Court looks extremely interesting and potentially (r)evolutionary…Stefano Grassani (Pavia e Ansaldo)

Jonathan Gleklen, Kelly Smith, Sep 13, 2012

Generic Drugmakers Will Challenge Patents Even When They Have a 97% Chance of Losing: The FTC Report that K-Dur Ignored

Courts should at least think a while before imposing rules that could limit the ability of parties to weed out those cases by settlement. Kelly Smith & Jonathan Gleklen (Arnold & Porter)