August 2, 2016

Canada’s new federal anti-spam legislation (CASL) came into force about two years ago. Since then, Canadian companies and those marketing into Canada have worked (and at times struggled) to comply with Canada’s new requirements for electronic marketing.

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July 26, 2016

One of my practice areas is Canadian advertising and marketing law. In this respect, I have worked on a number of “destination marketing” promotions over the past few years, including for hotel, resort and Canadian and international government clients. “Destination marketing” involves promoting travel to a hotel, resort, province/territory or country.

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July 19, 2016

I frequently receive inquires and calls relating to filing a competition, advertising, consumer protection or other regulatory complaint. Companies, individuals or other types of organizations may want to file a complaint relating to a competitor, manufacturer or supplier, retailer or other market participant based on potentially anti-competitive or misleading/deceptive conduct in the marketplace.

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Featured Update
Practical Law Canada Competition

July 18, 2016

This Featured Update discusses the recent Online Reviews and Endorsements Guidelines issued by the International Consumer Protection and Enforcement Network (ICPEN). It includes a summary of key principles and guidelines for review administrators, traders and marketing professionals, and digital influencers. It also highlights how these new Guidelines reflect the Canadian Competition Bureau’s approach to online reviews and endorsements, as well as other major consumer protection agencies.

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July 17, 2016

Promotional contests in Canada are largely governed by the federal Competition Act, Criminal Code and contract law. Other laws can also apply depending on the type of contest, including privacy, anti-spam and intellectual property law. One of the areas of law that has affected contests the most over the past several years is CASL – Canada’s anti-spam legislation. For more information, see my CASL overview: here.

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July 16, 2016

Guest post by John Simpson

(Shift Law)

Online threats to commercial reputations are on the rise. These include “attack sites”, “gripe sites” (e.g., RipOff Report), cyber-libel via social media, domain name high-jacking, meta tag high-jacking and defamatory email campaigns. Online brand and reputation attacks are easy and inexpensive to wage and they can be devastatingly effective.

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Guest post by Nick Hollinger
tbk Creative

July 15, 2016

It’s common knowledge that any organization can – and should – set up free social media accounts to start organically reaching individuals without spending a dime. So, that’s all businesses can do with social media, right?  Wrong.

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Guest post by John Bodrug & Anita Banicevic
Davies Ward Phillips & Vineberg LLP

July 1, 2016

On June 28, 2016, Canada’s Competition Bureau announced that it had cleared Superior Plus Corporation’s acquisition of Canexus Corporation despite the Bureau’s conclusion that the transaction “would likely result in a substantial lessening of competition for the supply of various industrial chemical products in Canada”. The Bureau attributed its decision to the unique availability of the efficiencies defence under section 96 of the Competition Act (which provides that a merger cannot be prohibited when the expected efficiency gains outweigh the likely anti-competitive effects of the transaction). The day before the Bureau’s announcement, the Federal Trade Commission (FTC) announced that it is challenging the transaction because it would “significantly reduce competition in the North American market for sodium chlorate”. Despite the disparate outcomes, these announcements and actions highlight not only the availability of the efficiencies defence in Canada, but also the increased level of coordination and cooperation between the Bureau and its U.S. antitrust counterparts in cross-border mergers.

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