Canadian COMPETITION LAW

July 28, 2010

We practice federal competition law, have provided Canadian competition law advice to Canadian and international clients on hundreds of matters and provide a full range of competition law and foreign investment law services including in relation to the merger, conspiracy, bid-rigging, misleading advertising, promotional contest and deceptive marketing provisions of the federal Competition Act.  As we practice federal law, we can and often have provided competition law advice to clients across Canada and internationally.

Our competition law and foreign investment law services include:

CONSPIRACY AND COMPETITOR COLLABORATIONS

We offer a range of services in relation to the conspiracy provisions of the Competition Act and competitor collaborations, including advice in relation to trade association activities, joint ventures and strategic alliances, joint negotiations, joint marketing, joint buying, research and development and other competitor-competitor collaborations.  Our conspiracy and competitor collaboration services include:

– Application of the new criminal conspiracy rules to commercial activities
– Application of the new civil rules for anti-competitive agreements
– Structuring agreements and joint ventures to comply with the Competition Act
– Competition law compliance programs for companies and trade associations
– The conduct of meetings and information exchanges
– Application of the Competition Bureau’s immunity and leniency programs
– Applications for binding Competition Act advisory opinions

For more see: Conspiracy and Competitor Collaborations

BID-RIGGING

We offer a range of bid-rigging law services including advice on the application and scope of the criminal bid-rigging provisions under the Competition Act, bid and tender documentation and processes and compliance with the bid-rigging provisions.  Our bid-rigging law services include:

– Advice on the application of the criminal bid rigging  provisions
– Review and advice in relation to competitive tenders and proposals

For more see: Bid-rigging

COMPETITION LAW SEARCHES

We offer competition law services in relation to criminal and civil Competition Act searches, informal and formal Competition Bureau investigations and voluntary and compulsory information requests.  Our services in relation to competition law searches include:

– Advice in relation to competition law searches
– Advice in relation to compulsory production orders
– Search and seizure guidelines
– Document retention policies

ADVERTISING AND MARKETING LAW

We offer a full range of Canadian misleading advertising and marketing law services, including in relation to print, online and new media advertising and marketing.  Our misleading advertising and marketing law services include:

– The “general” misleading advertising provisions of the Competition Act
– Internet, online & new media advertising and marketing
– Sales and promotions
– Promotional contests
– Multi-level marketing plans and pyramid selling schemes
– The deceptive marketing provisions of the Competition Act
– Federal consumer packaging and labelling legislation

For more see: Misleading Advertising

PROMOTIONAL CONTESTS

We offer a full range of promotional contest law services and have assisted clients to design and run many promotional contests, including assistance with the preparation of short rules, long rules, statutory disclosure, winner release documentation and print and online marketing in compliance with the Competition Act and federal Criminal Code.  Our promotional contest law services include:

– Application of the Competition Act and Criminal Code to promotional contests
– Drafting short and long contest rules and statutory disclosure
– Reviewing promotional contest marketing and advertising materials
– Drafting winner release documentation
– Compliance with the misleading advertising provisions of the Competition Act

For more see: Promotional Contests

COMPETITION LAW COMPLIANCE PROGRAMS

We offer a full range of competition law compliance services and have prepared a wide variety of compliance programs and policies for clients across Canada in numerous industries.  Recent projects include designing a national competition law compliance course (and compliance book – Competition Law & REALTORS) for organized real estate in Canada (a joint ACRE/CREA initiative) and compliance work for a number of major Canadian trade associations.  Our competition law compliance services include:

– Competition law compliance programs
– Competition law seminars for companies and trade associations
– Corporate and trade association activities for competition law compliance
– Competition law talks and “lunch and learns” for companies and law firms
– Board meetings, conferences and other meetings
– Preparing written publications and compliance materials for associations

For more see: Competition Law Compliance Programs and Policies

TRADE ASSOCIATIONS

We offer a full range of competition law and compliance services for Canadian trade and professional associations in relation to all aspects of association activities including board and membership meetings, rules and by-laws, compliance programs and policies, special projects and assistance in the event of a competition law investigation or search.  Our services for trade associations include:

– Trade association competition law compliance programs
– Competition law compliance seminars and talks for association executives
– Audits and compliance reviews of trade association activities
– Advice on the application of the recently amended Competition Act
– Vetting trade association meetings, conventions and communications
– Reviewing association rules, bylaws, policies and voluntary codes of conduct
– General competition law and competition compliance advice

For more see: Canadian competition law and trade associations

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