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I offer a wide range of strategic and efficient competition/antitrust law, compliance, education and policy services for companies, associations, individuals and government agencies.

My competition law services include:

ACADEMIC

Competition law compliance programs and policies; academic, position and policy papers; lectures and lunch-and-learns; submissions on proposed guidelines and legislative changes; Competition Bureau submissions; competition law educational materials, papers and articles.

ADVERTISING

Anti-spam legislation (CASL); Competition Bureau complaints; the general misleading advertising provisions of the Competition Act; Internet, new media and social media advertising and marketing; promotional contests (sweepstakes); and sales and promotions.  I also provide advice relating to specific types of advertising issues, including performance claims, testimonials, disclaimers and native advertising. For more information see: Advertising Law, Anti-Spam (CASL) and Misleading Advertising.

ASSOCIATIONS

Trade association competition law compliance programs; competition law compliance seminars and talks for association executives; audits and compliance reviews of association activities; Competition Act advice and opinions; vetting trade association meetings, conventions and communications; reviewing association rules, bylaws, policies and voluntary codes; filing and defending Competition Bureau complaints; general competition law and compliance advice; and assisting associations with marketplace and competitor issues. For more information see: Associations and Association Compliance.

COMPLIANCE

Competition law compliance programs and policies; competition law compliance guidelines; competition law seminars for companies, trade associations and other organizations; competition law talks and lunch-and-learns for companies and law firms; guidelines for board meetings, conferences and other meetings; and document retention programs. For more information see: Compliance.

COMPETITION LITIGATION

I frequently work with litigation counsel in relation to competition law matters.  My counsel may involve advising clients of their rights or defences in regulatory investigations, options and strategies for using competition, advertising or other laws for litigation or working to negotiate settlements or resolve disputes.

COMPETITOR COLLABORATIONS

Advice on the application of the criminal conspiracy and civil agreements provisions of the Competition Act to commercial activities; structuring agreements and joint ventures to comply with the Competition Act; competition law compliance programs for companies and trade associations; guidelines for meetings, information exchanges and benchmarking projects; and applications for Competition Bureau written opinions. For more information see: Conspiracy and Joint Ventures.

COMPLAINTS & ADVOCACY

Competition Bureau complaints; advice and strategy in relation to complaints; research and opinions to assess the strength of a complaint; advice in relation to dealing with the Competition Bureau; advice relating to Competition Bureau advocacy; drafting and filing advocacy briefs to the Bureau. For more information see: Complaints.

CONTESTS

Advice in relation to the application of the Competition Act and Criminal Code to promotional contests; CASL (anti-spam law) where electronic marketing will be used; drafting short and long contest rules and statutory disclosure; reviewing promotional contest marketing and advertising materials; preparing winner release documentation; compliance with the misleading advertising provisions of the Competition Act; and compliance with social media sites’ terms of use. For more information see: Contests.

Need contest rules and forms for a Canadian Contest? I offer a selection of Canadian contest rules and forms for common types of Canadian contests. For more information see: Canadian contest forms.

CRIMINAL COMPETITION LAW MATTERS

Competition law compliance programs and policies; guidelines to avoid violating the criminal provisions of the Competition Act; bid-rigging compliance advice to companies, bidding consortia and procurement agencies; advice relating to the criminal conspiracy provisions of the Competition Act; filing Competition Bureau complaints; filing immunity and leniency applications; and advice regarding the use of criminal provisions of the Competition Act in civil litigation. For more information see: Bid-rigging, Conspiracy, Immunity & Leniency and Misleading Advertising.

INVESTIGATIONS

Advice in relation to criminal and civil searches; criminal investigations and inquiries; compulsory production orders (section 11 orders); the Competition Bureau’s Immunity and Leniency Programs; search and seizure guidelines; and document retention programs. For more information see: Bureau Enforcement.

PRICING AND DISTRIBUTION MATTERS

Advice in relation to the pricing and distribution related provisions of the Competition Act (e.g., abuse of dominance, price maintenance and refusal to deal sections); resale price policies (e.g., MSRP policies); and dealer and distributor terminations. For more information see: Abuse of Dominance, Conspiracy, Price Maintenance and Refusal to Deal.

REFUSALS TO DEAL

Advice on the application of the Competition Act to refusals to deal; filing Competition Bureau complaints; private civil action remedies and strategies for terminations of supply; issues in relation to supply and distribution agreements; and structuring terminations of supply to minimize risk to suppliers and distributors. For more information see: Refusal to Deal.

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For information about my regulatory services: contact

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