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Archive for the 'Competition Bureau' Category

January 23, 2015

Guest post by Mark Nicholson, Kelley McKinnon,
Davit Akman & Zoe Pallare (Gowlings)

On Jan. 22, 2015, the Supreme Court of Canada released the long anticipated decision in Tervita Corp. v. Canada (Commissioner of Competition) in which it considered, for the first time, the analytical framework for prevention of competition cases and the statutory efficiency defence.

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December 9, 2014

Earlier today, Canada’s Minister of Industry James Moore announced that the Federal Government had tabled a new bill (the Price Transparency Act (Bill C-49)) in Parliament for first reading, which would amend the federal Competition Act (the “Act”) to address so-called “unjustified” Canada/U.S. price discrimination.

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November 25, 2014

Misleading advertising is squarely part of Canadian competition law. Violation of the Competition Act’s civil or criminal misleading advertising provisions can also lead to significant liability for companies or individuals. As a recent reminder of this, the Competition Bureau has announced that water heater supplier National Home Services (National) has agreed to pay a $7 million penalty for alleged false or misleading claims made by its sales agents.

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November 25, 2014

Earlier today, the Competition Bureau launched a new advocacy publication entitled The Competition Advocate. In this welcome new initiative, by the Bureau’s also new Competition Promotion Branch, it joins other antitrust agency advocacy publications including the U.S. FTC’s Competition Matters blog.

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November 13, 2014

Performance claims remain a popular advertising strategy for many brands. These can include statements about a product’s speed, reliability or other performance. Performance claims in Canada, however, are subject to both the “general misleading advertising” sections of the Competition Act (Act) and a stand-alone performance claims provision (section 74.01(1)(b) of the Act).

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November 4, 2014

This is the last of three posts with our associations and competition law PowerPoint from the recent Canadian Society of Association Executives’ (CSAE) Annual Conference in Niagara.  For the first two posts see: here and here.

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October 31, 2014

This is the second of three posts with our conference materials from the recent Canadian Society of Association Executives’ (CSAE) Annual Conference in Niagara (for the first post see below).  I presented with Mark Katz from Davies Ward Phillips & Vineberg LLP in Toronto. This post discusses competition law issues that can arise in the context of association codes of ethics, some recent key cases and best practices to minimize risk in relation to association codes.

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October 30, 2014

I was pleased to have been a speaker at the Canadian Society of Association Executives’ (CSAE) Annual Conference in Niagara. I spoke, with Mark Katz of Davies Ward Phillips & Vineberg LLP, on information exchanges and surveys, codes of ethics and recent competition law developments for associations. The following is the first of three posts with our conference materials – an overview of competition law and surveys, recent Competition Bureau statements on information exchanges and some best practices.

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    buy-contest-form Templates/precedents and checklists to run promotional contests in Canada

    buy-contest-form Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)

    WELCOME TO CANADIAN COMPETITION LAW! - OUR COMPETITION BLOG

    We are a Toronto based competition, advertising and regulatory law firm.

    We offer business, association, government and other clients in Toronto, Canada and internationally efficient and strategic advice in relation to Canadian competition, advertising, regulatory and new media laws. We also offer compliance, education and policy services.

    Our experience includes more than 20 years advising companies, trade and professional associations, governments and other clients in relation to competition, advertising and marketing, promotional contest, cartel, abuse of dominance, competition compliance, refusal to deal and pricing and distribution law matters.

    Our representative work includes filing and defending against Competition Bureau complaints, legal opinions and advice, competition, CASL and advertising compliance programs and strategy in competition and regulatory law matters.

    We have also written and helped develop many competition and advertising law related industry resources including compliance programs, acting as subject matter experts for online and in-person industry compliance courses and Steve Szentesi as Lawyer Editor for Practical Law Canada Competition.

    For more about us, visit our website: here.