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Steve Szentesi
Kevin Wright (Davis LLP)

Extract from a chapter to be published in CLEBC
Annual Review of Law & Practice – 2014

The following is our final competition law installment from our forthcoming chapter in CLEBC’s Annual Review of Law & Practice – 2014.  For the first four posts (misleading advertising, mergers and Investment Canada Act, civil and criminal matters, and private actions) see: here, here, here and here.

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CANADIAN CASL (ANTI-SPAM LAW) PRECEDENTS

Do you need a precedent or checklist
to comply with CASL (Canadian anti-spam law)?

We offer Canadian anti-spam law (CASL) precedents and checklists to help electronic marketers comply with CASL.  These include checklists and precedents for express consent requests (including on behalf of third parties), sender identification information, unsubscribe mechanisms, business related exemptions and types of implied consent and documenting consent and scrubbing distribution lists.  We also offer a CASL corporate compliance program.  For more information or to order, see: Anti-Spam (CASL) Precedents/Forms.  If you would like to discuss CASL legal advice or for other advertising or marketing in Canada, including contests/sweepstakes, contact us: steve@szentesilaw.com

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Five months or so to go until Canada’s new anti-spam legislation (CASL) will largely come into force.  Generally speaking, the new law will require advance, express opt-in consent for commercial electronic messages sent to or received by Canadian computers, including inbound marketing by U.S. and international marketers, unless an exception or category of implied consent applies.

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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.

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I’ve been working on a fair number of contests lately.  Sometimes they appear deceptively simple, but in fact are fairly highly regulated including a small tangle of modern (e.g., the federal Competition Act and social media sites’ terms of use) and antiquated laws (e.g., the sometimes tortuous illegal lottery provisions of the Criminal Code).

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January 20, 2014

Steve Szentesi
Kevin Wright (Davis LLP)

Extract from a chapter to be published in CLEBC
Annual Review of Law & Practice – 2014

2013 was once again a busy year for Canadian competition and foreign investment law, administration and policy, including the June 12, 2013 announcement that then Interim Commissioner John Pecman had been appointed to a five year term as Commissioner of Competition, the head of the federal Competition Bureau.

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January 15, 2014

Earlier today, the U.S. Federal Trade Commission (FTC) announced that Apple Inc. had agreed to refund consumers USD $32.5 million, under a proposed consent order, in relation to alleged failures to adequately disclose kids’ mobile app charges.

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January 13, 2014

Earlier today, the German antitrust authority (the Bundeskartellamt) announced that $145 million in fines had been imposed against five beer manufacturers and seven individuals in a beer price-fixing case (see: First fines imposed in cartel proceedings against breweries).

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January 10, 2014

Throughout last year, competition law compliance for trade and professional associations remained a key theme for Canada’s Competition Bureau.  The new Commissioner of Competition John Pecman addressed trade association compliance and recent association cases five times in remarks between late 2012 and the end of 2013 (see for example, here and here).

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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.

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These days, running a contest invariably means social media (or multiple social media) and typically Facebook and Twitter.  So when I talk to clients about the promotions they have in mind, I often start (or almost start) the discussion with how they want to promote their contest.

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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.