October 19, 2016
Guest post by Andrew Shiestel
Canada’s Anti-Spam Legislation (CASL) is anti-competitive for our Canadian businesses and it’s a large thorn in Canada’s dream of developing a world-leading ‘digital economy’.
CASL is a problem for two primary reasons and I’ll explain both in more detail throughout this article.
Competition Tribunal Denies Car Listing Refusal to Deal Leave Application and Establishes New Price Maintenance Law
October 14, 2016
On October 14, 2016 the Canadian Competition Tribunal (“Tribunal”) released an important Competition Act (“Act”) private application leave case (see: CarGurus Inc v Trader Corporation, 2016 Comp. Trib. 15. This decision is a good summary of the tests for granting leave to commence private applications under sections 75 (refusal to deal), 76 (price maintenance) and 77 (exclusive dealing) of the Act.
October 12, 2016
Practical Law Canada Competition has published a new Legal Update discussing recent criminal enforcement by the Competition Bureau and cases. Below is an excerpt with a link to the full Update.
September 16, 2016
Practical Law Canada – Competition has published a new Legal Update discussing the International Competition Network’s (ICN) Merger Remedies Guide. Below is an excerpt with a link to the full Update.
September 2, 2016
On September 1, 2016, Kellogg Canada Inc. (“Kellogg”) agreed to pay a $60,000 penalty in relation to an alleged violation of the consent provision of Canada’s federal anti-spam legislation (CASL) under a voluntary undertaking. Under the terms of the undertaking, Kellogg has agreed to pay a monetary penalty, comply with (and ensure that any 3rd party authorized to send commercial electronic messages on its behalf complies with) CASL and to review and update its anti-spam compliance program.
August 25, 2016
An interesting Canadian Business article on paid endorsements caught my eye earlier today. It discusses the increasing scrutiny of advertising regulators in Canada and the United States to require clear disclosures of material connections for online endorsements, including new Canadian Advertising Standards Canada (ASC) rules to require full disclosure of any paid endorsements or mentions of products and services.
August 16, 2016
Practical Law Canada – Competition has published a new Legal Update discussing recent Competition Bureau compliance program developments.
August 16, 2016
In an important decision released August 11, 2016, the Ontario Court of Appeal held that the discoverability principle applies to the private actions limitations period section of the Competition Act (the “Act”) (section 36(4)) (see: Fanshawe College of Applied Arts and Technology v. AU Optronics Corporation, 2016 ONCA 621 (“Fanshawe”).
August 15, 2016
Promotional contests continue to be extremely popular for brands across a number of sectors. In this regard, I have recently updated my selection of Canadian contest law rules and forms in key popular areas, which include random draw contests, consumer generated content contests (sometimes also called “skill contests”), trip contests, as well as popular social media based promotions/contests. For more information, see Canadian Contest Forms.