Archive for the 'Compliance' Category
February 18, 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.
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Canadian contest law can, to say the least, be perplexing to some. It’s a mix, at least usually, of competition law, the Criminal Code and contract law. As such, key Canadian contest legal requirements include mandatory Competition Act disclosure (“short rules”), avoiding the illegal lottery offences of the Criminal Code and taking common sense steps to make sure contest rules accurately reflect the promotion, are enforceable and give the maximum amount of latitude to promoters to deal with potential contingencies that may arise.
February 11, 2013
Thank you very much to Concurrences for short-listing one of my articles on Canadian bid-rigging for their upcoming 2013 Antitrust Writing Awards: Competition Bureau Jointly Lays 77 Charges Against 11 Individuals and 9 Companies in Quebec Bid-rigging Case – Tough Stance on Criminal Enforcement Continues. Concurrences short-lists articles in Academic and Business categories with voting and awards in April. From Concurrences:
“The Antitrust Writing Awards’ goal is to promote antitrust scholarship and competition advocacy by recognizing and awarding the best articles published in the antitrust law and law & economics fields in the last 12 months. The Awards feature two different categories of articles: Academic and Business. The Academic Articles category comprises articles published in academic journals, whereas the Business Articles category features articles published in professional magazines or newsletters. The articles are selected by a jury and by readers. The jury consists of a Board, an Academic and a Business Steering Committees composed of the leading academics and counsels. Readers contribute to the selection process by voting for articles. Click here to see the Jury. To ensure transparency, but also impartiality and expertise in the processing of the Awards, publications are assessed following an international peer-reviewed evaluation process. Members of the Board and of the Steering Committees are chosen from world-renowned antitrust enforcers, counsels and academics who are committed to judging the Awards fairly. The Institute of Competition Law – the publisher of the Journal Concurrences and the e-Competitions Bulletin – and George Washington University Law School Competition Law Center, are organizing these first of their kind Antitrust Writing Awards with the support of partners.”
For more information, copies of the articles, selection process or vote see: here and here.
February 8, 2013
It seems rather de rigueur at the moment for the Interim Commissioner of Competition to make the rounds of the big firms – in the latest stop on Mr. Pecman’s policy dance card, he stopped in Toronto yesterday to discuss in a bit more detail the Bureau’s current policies, enforcement focus and a few ongoing cases (see: Remarks by John Pecman). For other recent remarks by Mr. Pecman since he assumed the Interim Commissioner position last fall, see: here, here and here.
In this, the Interim Commissioner’s fourth speech since taking the post last fall, a few interesting points to note include a confirmation that the Bureau is interested in “incrementally increasing” its competition advocacy efforts (in addition to enforcement) in some key industries including the digital economy and retail and health sectors, re-stating the Bureau’s recent announcement that it would now use compulsory section 11 court orders in formal inquiries in all but exceptional cases (not voluntary information requests) and describing a loss in a Quebec court in one of its ongoing bid-rigging cases.
The Interim Commissioner also set out the following four factors the Bureau would consider in deciding whether to initiate regulatory interventions in particular sectors: (i) whether a forum exists and there is a high level of public interest, (ii) whether the Bureau would be contributing in a useful way (e.g., bringing forward unique arguments), (iii) being able to gauge the impact of advocacy efforts, and (iv) clear, tangible benefits for Canadians.
On the advertising and marketing law front, the Interim Commissioner also discussed the Ontario Court of Appeal decision upholding the lower court’s penalty finding in the recent Yellow Page Marketing case and the Bureau’s response filed in the CRTC’s wireless code consultations for mobile wireless providers.
All in all, while the Interim Commissioner reiterated previously announced policies, he also provided a bit more detail on the Bureau’s anticipated increase in advocacy / regulatory intervention efforts and further confirmed its continued focus on enforcement and key priorities, including the digital economy and mobile.
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February 3, 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.
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When running promotional contests in Canada, compliance tends to focus on the Competition Act, Criminal Code, privacy and ensuring that mandatory short rules and complete terms accurately reflect the promotion (and give maximum latitude to a contest promoter to take steps in the event an issue or contingency arises). While all of this is of course important and in many cases fairly straightforward, one aspect that can be overlooked is social media site rules (and another reason one size does not fit all in terms of contest rules and disclosure).
January 30, 2013
Given that I do a lot of work in the area of competition/antitrust law and trade and professional associations, this upcoming webinar being hosted by Strafford entitled Antitrust Pitfalls for Trade Associations and Members caught my eye.
While there are differences between the application of competition law to associations in Canada under the Competition Act and in the U.S. under the Sherman Act and state laws, many of the principles are the same. From Strafford:
“This CLE webinar will prepare counsel to and members of trade associations to minimize the risks of antitrust liability. The panel will explain recent guidance from the FTC and other federal agencies and outline clear antitrust compliance measures for associations and their members.
Successful antitrust suits can be catastrophic for businesses. Defendants may be liable for millions of dollars in civil forfeitures, triple damages to individual plaintiffs, enormous attorneys’ fees, and even criminal sanctions.
In trade associations, competitors communicate and collaborate. However, associations and members must avoid even the appearance of anticompetitive intent in all activities to ensure they don’t violate antitrust laws and regulations.
Recent cases offer critical guidance on antitrust compliance for trade associations and their members. Trade associations must have clear compliance programs to prevent conduct that would facilitate competitors coordinating on pricing or competition.
Listen as our panel of experienced antitrust practitioners examines the antitrust pitfalls for trade associations and their members, discusses lessons from recent anticompetitive conduct enforcement actions, and offers guidance for minimizing the risk of antitrust violation.”
January 30, 2013
Earlier today, Canada’s Interim Commissioner of Competition John Pecman delivered remarks in Montreal on the Competition Bureau’s current activities and priorities. In this, Mr. Pecman’s third speech since taking over from the former Commissioner (see previous speeches here and here), he discussed the Bureau’s use of section 11 orders, consent agreements, misleading advertising, cartels and its work with Quebec’s anti-corruption unit.
Some of the aspects of the Interim Commissioner’s remarks that I found interesting included confirming work to develop price maintenance guidelines and updated FAQs for the Bureau’s Leniency Program and announcing that the first course of action to obtain information from targets in formal inquiries in non-merger cases (except in exceptional cases) will be through section 11 court orders.
With respect to the Bureau’s sterner and increased use of section 11 orders, the Interim Commissioner indicated that the Bureau’s new approach had stemmed from an increased frustration with obtaining complete and timely information through voluntary information requests. Where the Bureau has commenced a formal inquiry, it may request information voluntarily or compel production through section 11 orders or through the use of search warrants. Also, as with the Bureau’s increased enforcement stance in other areas, notably cartels, the Interim Commissioner emphasized a desire in his section 11 related remarks today for the Bureau to use all of the tools Parliament had provided in the Competition Act.
January 29, 2013
The Canadian Bar Association’s Anti-Corruption Team (CBA-ACT), which is a joint committee composed of members of the Competition, Business and International sections of the CBA, as well as the CCCA, has launched a new Anti-Corruption website. The new site includes, among other things, links to global anti-corruption legislation, relevant case law (e.g., the recent Griffiths Energy case and Niko Resources) and links to a variety of international resources.
From the CBA:
“The CBA’s Anti-Corruption Team (CBA-ACT) is a joint committee comprised of members from the International, Business, and Competition law sections as well as CCCA. The CBA-ACT was established to monitor and respond to all matters involving corrupt practices and to provide an educational resource centre for Canadian lawyers. Building on over a decade of CBA work in the area of anti-corruption and anti-bribery, the CBA-ACT focuses on providing Canadian lawyers with a place to learn about anti-corruption legislation, case law, and compliance requirements. The CBA-ACT takes a proactive advocacy role and emphasizes the implementation and enforcement of corruption legislation, including the Canadian Corruption of Foreign Public Officials Act, the U.K.’s Bribery Act, and the U.S. Foreign Corrupt Practices Act. The team will work to advocate strategies and policy designed to help lawyers prevent and eradicate corruption. The CBA-ACT will identify issues in corruption both nationally and internationally and will provide lawyers in Canada with tools to help their clients.”
January 28, 2013
I am pleased to announce the launch of my new website: Canadian Contest & Promotions Law (www.contestlawyer.ca). The new website includes overviews of key aspects of running promotional contests in Canada (including Competition Bureau policies, application of the federal Competition Act and Criminal Code and Canadian advertising law issues) and frequently asked questions (FAQs) about Canadian contest/sweepstakes laws, guidelines and enforcement.
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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.
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
