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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.

Featured Update
Practical Law Canada Competition

On September 2, 2016, the International Competition Network (ICN), comprised of leading competition authorities around the world, published its Merger Remedies Guide (Guide). Canada’s Competition Bureau co-chairs the working group that prepared the Guide.

The Guide represents the leading international statement of best practices regarding merger remedies and will serve as a valuable resource to help businesses in Canada understand the types of remedies that may be sought by the Competition Bureau in reviewing mergers and acquisitions. It will be particularly relevant in cross-border and international transactions, as the Guide highlights how competition regulators should best coordinate their remedies.

Practical Law Canada Competition

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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.

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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.

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August 16, 2016

Practical Law Canada – Competition has published a new Legal Update discussing recent Competition Bureau compliance program developments.

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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”).

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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.

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Guest post by Brian D. Fergemann
Partner, Winston & Strawn LLP (Chicago)

August 14, 2016

Earlier this year, Pinterest quietly updated its guidelines for conducting contests and other types of promotions on the Pinterest platform. Those guidelines are contained within its Acceptable Use Policy. The previous guidelines stated, among other things, that companies should not “run a sweepstakes where each Pin, board, like, or follow represents an entry;” require people “to Pin from a selection;” or “require a minimum number of Pins.” None of those restrictions are found in the new guidelines. The new guidelines state that companies who conduct promotions should “encourage authentic behavior, keep Pinterest spam-free, and be sure to comply with all relevant laws and regulations.” The new guidelines state further that companies who conduct promotions should not require participants to Pin a specific image or allow more than one entry per participant. The new guidelines expressly acknowledge that requiring consumers to Pin from a selection is now permissible: “Give Pinners the ability to choose Pins based on their tastes and preferences, even if it’s from a selection or a given website.”

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August 6, 2016

Canada’s federal anti-spam legislation (CASL) largely came into force on July 1, 2014. For the first three years, enforcement was primarily the responsibility of the CRTC (together with the Competition Bureau and Privacy Commissioner). For an overview of CASL, see: Anti-Spam (CASL).

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