Archive for the 'Competition Bureau' Category
June 25, 2013
Earlier today the Competition Bureau announced that an Alberta man has been found guilty of misleading advertising under the federal Competition Act and of a breach of a consent agreement under the Act (see: Alberta Man Found Guilty of Misleading Representations and Breach of Consent Agreement).
June 15, 2013
In an interesting decision issued yesterday, the Alberta Court of Appeal overturned a Court of Queen’s Bench decision that found that two oil producers (Husky and Exxon) had violated Canada’s former conspiracy offence under section 45 of the Competition Act (the “Act”) by jointly deciding not to source fluid hauling services from a company called 321665 Alberta Ltd. (Kolt) (321665 Alberta Ltd. v. Husky Oil Operations Ltd., 2013 ABCA 221).
June 10, 2013
Do you need contest rules/precedents
for a Canadian contest?
We offer many types of Canadian contest/sweepstakes law precedents and forms (i.e., Canadian contest/sweepstakes law precedents to run common types of contests in Canada). These include precedents for random draw contests (i.e., where winners are chosen by random draw), skill contests (e.g., essay, photo or other types of contests where entrants submit content that is judged to enter the contest or for additional entries), trip contests and more. Also available are individual Canadian contest/sweepstakes precedents, including short rules (“mini-rules”), long rules, winner releases and a Canadian contest law checklist. For more information or to order, see: Canadian Contest Law Forms/Precedents. If you would like to discuss legal advice in relation to your contest or other promotion, contact us: Contact.
____________________
In an interesting recent contest / sweepstakes case, A&P has reportedly agreed to settle charges alleging that it violated New York State sweepstakes laws by failing to adequately inform consumers that no purchase was required to enter its “A&P Frozen Food Month 2013” sweepstakes (for reports see: here and here).
June 6, 2013
The Canadian Bar Association has published a new issue of its Canadian Competition Law Review (see: here). This new issue includes articles on “The Economic Consequences and Constitutionality of Administrative Monetary Penalties for Abuse of Dominance” (G. Bishop), “The 2012 Abuse of Dominance Guidelines: An Economic Review” (M.D. Noel), “Addressing Misleading Advertising in the Canadian Telecommunications Industry: A Complex, Evolving Story” (K. Webb) and “The Impact of Chinese Competition Law on Merger Control: Over-whelming Discretion Outweighs the Spirit of the Law” (C.N.K. Chun).
June 6, 2013
Earlier today, the Competition Bureau announced that criminal charges have been laid against three companies (Nestlé Canada Inc., Mars Canada Inc. and ITWAL Limited, a national network of independent wholesale distributors) and three individuals (two former Nestlé presidents and the President and CEO of ITWAL), who are being accused of participating in a chocolate price-fixing cartel (a case that has been running now for some six years).
May 28, 2013
Somewhat coincidentally, having just written a short note yesterday on SNC-Lavalin’s announced internal amnesty program and whistleblower protections under the Competition Act, the Interim Commissioner of Competition announced a new Competition Bureau “Criminal Cartel Whistleblowing Initiative” today as part of remarks given at the CBA’s annual Spring competition law conference.
May 27, 2013
In my morning media sweep, an interesting story about a new SNC-Lavalin internal whistleblower / amnesty program caught my eye. In particular, reports this morning (see: here (Globe) and here (Post)) state that SNC is launching an internal “amnesty program” in an effort to root out corruption and competition law violations across its organization, and evidently also as a further step to quiet some months of media reporting.
May 24, 2013
The potential routes to deception are many. In misleading advertising cases, commonly challenged conduct includes false price, performance and other product claims (e.g., omitting key limitations or conditions on products or services). Some of the advertising practices that are regulated or prohibited in Canada include contests, performance claims, bait and switch selling, ordinary selling price claims, multi-level marketing, pyramid selling schemes, deceptive telemarketing, deceptive prize notices and testimonials and warranties.
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
