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May 28, 2014

Canada’s federal Competition Bureau is currently updating and “rebranding” its corporate compliance materials for companies, associations and other organizations. As part of this, the Bureau has recently issued several new videos (over the past several months). The Bureau is also making a greater effort to use social media and new media, including video and LinkedIn, for its communication and compliance efforts. As such, I thought it would be good to post them together here:

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May 21, 2014

Several days ago the Competition Bureau posted new remarks by the Commissioner of Competition from the Canadian Bar Association’s 2014 Competition Law Spring Forum (one of two annual Canadian competition law conferences hosted by the CBA). See: Remarks by John Pecman, Commissioner of Competition.  These new remarks are a bit of a “one stop shop” for Canadian competition law developments over the past year or two.  A few highlights of the Commissioner’s remarks that caught my eye included:

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May 8, 2014

Earlier today, the C.D. Howe Institute issued the second of two reports on the Canada/U.S. “price gap” issue: Cross-Border Price Regulation: Anti-Competition Policy? For my comments on the first report, issued two days ago see: here.

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May 6, 2014

Earlier today, the C.D. Howe Institute issued a new report on the Canada/U.S. retail price gap issue entitled Sticker Shock: The Causes of the Canada-US Price Differential (authored by Nicholas Li). This new report argues that Canada/U.S. price differences are not the result of price gouging or monopoly power of Canadian retailers, but rather Canadian government regulation, including high tariffs and supply management policies.

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May 5, 2014

Earlier today, the Canadian Competition Bureau issued something a little different – its inaugural “Annual Plan”, which evidently is part of its overall transparency and compliance initiatives.

This short, strategic document includes a few interesting points. These include some current performance and enforcement statistics, including in relation to recent: information requests (8,000+); complaints (4,000+) (I had recalled this figure to have been higher in recent years); Immunity and Leniency Program applications (10 and 11 respectively); search warrants (14); and merger position statements (11).

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May 2, 2014

The Canadian Competition Bureau (Bureau) announced earlier today that criminal charges have been laid in a federal government IT contract-related bid-rigging case. According to the Bureau, the charges relate to allegations that an IT services company, its former owner and several former employees, as well as several former federal government employees were involved in an illegal bid-rigging arrangement relating to the provision of IT services to Library and Archives Canada.

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May 1, 2014

Earlier today, the U.S. Federal Trade Commission (FTC) posted a new post on their “Competition Matters” blog on competition law and associations entitled: Antitrust by Association(s).  In its new post, the FTC discusses the historic application of the antitrust laws to associations, some early antitrust and association case law, some key antitrust and association related topics (e.g., anti-competitive codes of ethics) and some of the recent U.S. enforcement in the area (music teachers and legal support professionals association cases).

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April 28, 2014

Like many, I’ve been following a few of the more interesting local regulation (restraint?) and competition cases, including Tesla’s efforts to sell directly to consumers in a few U.S. states; Uber’s ongoing (and now increasingly global it seems) challenge to circumvent – through guts and innovation – local taxi regulations; and the ongoing, and at times slightly surreal, Ontario liquor retailing debate (in which corner stores are making efforts to compete with two incumbent liquor retailers).

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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.