March 22, 2017

The Toronto Star has reported that the City of Toronto is investigating potential bid-rigging activities in relation to City paving contracts. In this regard, the Star reports that the City has called in the police to help it determine whether competing paving contractors have violated the criminal law. It was not clear from the reporting whether the City has also filed a criminal complaint with the Competition Bureau.(though this would be a logical related step).

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March 13, 2017

Practical Law Canada Competition has published a new Legal Update, which discusses key areas of competition law compliance for trade and professional associations. Below is an excerpt with a link to the full Update.

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March 11, 2017

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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March 10, 2017

On March 9, 2017, the Canadian CRTC announced that it had imposed a $15,000 administrative monetary penalty on an individual who allegedly engaged in electronic marketing to promote the sale of commercial flyers, without complying with CASL’s (Canada’s anti-spam law) consent, identification and in some cases unsubscribe requirements.

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March 9, 2017

Practical Law Canada Competition has published a new Legal Update, which discusses key issues that can arise in Canadian contests (with practice tips for counsel to advise their clients). Below is an excerpt with a link to the full Update.

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March 8, 2017

On July 1, 2014, Canada’s new federal anti-spam legislation (CASL) largely came into force. Since it was introduced, both the CRTC (the primary enforcement body) and the Competition Bureau have been enforcing the legislation, with penalties to date ranging from $48,000 to $1.1 million.

Beginning on July 1, 2017, however, the risks of violating CASL, as well as related sections of PIPEDA (the Personal Information Protection and Electronic Documents Act) and the Competition Act, will be significantly greater. This is because private individuals and organizations affected by a violation of CASL will have a right to commence private actions when sections 47 to 51 and 55 come into force.

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March 7, 2017

Misleading advertising remains a top Competition Bureau (Bureau) enforcement priority. One of the more specific focuses for the Bureau is (and has been over the past several years) fake online endorsements, which is often referred to as “astroturfing”.

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March 6, 2017

I receive quite a few inquiries about how the Competition Bureau (Bureau) works, what kinds of claims can be made under the Competition Act and how to report potential competition law violations to the Bureau (and what remedies are available). One topic I find I am increasingly discussing with both potential clients and other counsel is whistleblowing. So I thought I would post a short summary of whistleblowing and the Competition Act.

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February 28, 2017

In an interesting development, the Ontario Government announced earlier today that it was reviewing the rules for the purchase and sale of online tickets in an effort to give consumers a fairer chance at buying sporting, theatre and other event tickets online and to potentially further regulate ticket re-sellers.

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    I am a competition and advertising lawyer based in Toronto who blogs on competition and advertising law and interesting legal and policy developments relating to business, white-collar crime, corruption and Internet and new media law.

    I offer business, association, government and individual clients efficient and strategic advice in relation to competition/antitrust, advertising, regulatory and new media law. I also offer compliance, education and policy services.

    My more than 15 years experience includes advising clients on hundreds of domestic and cross-border competition, advertising and marketing, promotional contest/sweepstakes, conspiracy/cartel, abuse of dominance, compliance, refusal to deal and pricing and distribution matters.

    For more information about my services, see here.