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July 11, 2014

The OECD has posted the papers from its recent (October 2013) discussion of ex officio cartel investigations and the use of screens to detect cartels.

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July 2, 2014

Each morning, before I begin ‘real work’, I usually spend a little time on an Internet sweep of interesting advertising and competition law cases that have developed overnight or come into my inbox.

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June 29, 2014

After a last minute flurry of inquiries and companies and individuals finalizing preparations to comply, Canada’s new federal anti-spam legislation will at long last (or as dreaded) come into force on July 1st.  So, for companies and individuals that market electronically and haven’t prepared by Tuesday, it will be “pens down” so to speak or risk the rather draconian potential penalties under the new law.

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June 27, 2014

With Canada’s new anti-spam law (CASL) coming into force right around the corner (next week on July 1st) Canadian and international businesses that market to Canadians are finalizing initial CASL compliance preparations (including a flurry of consent request e-mails – which will not be permitted to request consent post-July 1st, unless they fall within the scope of the transition provision of CASL – i.e., are sent to existing business or non-business contacts as defined).

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June 26, 2014

Several days ago I posted several short notes discussing a few of the more interesting, frequent and important competition and advertising law questions I’ve received over the past few years (see: here and here).  Today I thought I would write one more with a few more “real life” competition/advertising law FAQs – i.e., not hypotheticals worked up by a lawyer but questions I’ve received over the past few years.

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June 26, 2014

Earlier today Canada’s Competition Bureau announced that it had finalized its new Communication During Inquiries Bulletin. The Bulletin had been the subject of public consultations late last year.

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June 25, 2014

As companies and marketers well know by now (or should), Canada’s new federal anti-spam legislation (CASL) will come largely into force on July 1st. The new law will of course impact electronic marketing to Canadians in many sectors and require that marketers consider how they need to comply with CASL both before and after in force.

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June 24, 2014

Over the past several months I’ve begun to increasingly turn my mind both to Canada’s new anti-spam legislation (CASL) and its potential application to social media in particular.  In general, CASL will, once largely in force July 1st, create a mandatory advance express consent regime for commercial electronic messages (CEMs) sent to or from Canadian computer systems. The new law will, among other things, also require that certain “form” (i.e., identification), unsubscribe and record-keeping obligations be met after in force.

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June 24, 2014

Yesterday and today the American Antitrust Institute (AAI) announced a call for entries for its AAI 2014 Antitrust Enforcement Awards and posted audio sessions from its 2014 Annual Conference on the theme of efficiency within antitrust analysis.

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June 23, 2014

We live in an age of exploding ideas and, as far as the web and new media marketing is concerned, noise. Selling your no doubt very spiffy product is an increasing challenge given the increased (and increasing) number of platforms, messages and voices. Once and a while, however, a clear voice resonates back to why people want to listen and who people want to listen to.

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June 21, 2014

“Every business and individual has a duty to act lawfully. The Bureau operates on the assumption that all businesses and their senior management wish to comply with the law. Compliance is important for all businesses, regardless of their size, for both legal and practical reasons.

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June 20, 2014

Canada’s CRTC, one of three federal agencies responsible for administering and enforcing Canada’s new federal anti-spam law (CASL), has updated its Canada’s Anti-Spam Legislation page to include more CASL background and compliance materials. CASL comes into force July 1st and also applies to international marketers engaged in electronic marketing to Canadians.

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June 20, 2014

Yesterday, Canada’s CRTC issued new Compliance and Enforcement Guidelines (CRTC Bulletin 2014-326) to assist businesses develop compliance programs to comply with Canada’s upcoming anti-spam law (CASL) and existing do-not-call list rules.

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