On October 24, 2008, the Competition Bureau (the Bureau)
released its draft Information Bulletin on Trade
Associations (the Bulletin) for public comment.
According to the Bureau, participation in trade associations -
particularly those whose members compete - carries with it an
inherent risk that the association may be used as a forum for
anti-competitive conduct, particularly anti-competitive agreements
or collective action that violates the criminal conspiracy (cartel)
provision of the Competition Act. "Association
activities that deal with subjects such as pricing, customers,
territories, market shares, terms of sales and advertising
restrictions" are of particular concern to the Bureau. The
draft Bulletin aims to provide guidance to trade associations on
how best to ensure compliance with the Competition Act; it
calls upon trade associations to "ensure that appropriate
safeguards are implemented" to guard against anti-competitive
conduct.
