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November 18, 2021

On November 8, 2021, the CRTC released its bi-annual CASL Enforcement Report, which reports that over 154,406 complaints (5,939 per week) were submitted to the Spam Reporting Centre (SRC) between April 1 and September 30, 2021. Of these complaints, 88% reported that the sender did not have consent and 71% reported that the electronic communication were related to affiliate marketing or legitimate businesses selling or promoting the sale of a good or service. In our experience, these compliance errors, particularly non-compliant CASL consent, are common among organizations involved in digital marketing.

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November 15, 2021

The Supreme Court of British Columbia recently declined to certify a proposed class action claim based on section 45 of Canada’s federal Competition Act (criminal conspiracy offences) on the basis that section 45 only applies to downstream (i.e., sell-side) agreements between competitors and not to the upstream (i.e., buy-side agreements) Tim Hortons franchise agreements being challenged in this case.

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November 15, 2021

Do you need a precedent to run a skill-based contest/sweepstakes in Canada (e.g., a photo, essay or other type of skill-based contest/promotion)? Our firm offers many types of precedents/forms to operate Canadian contests/sweepstakes, including our Skill Contest Package.

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November 5, 2021

Do you need checklists and precedents to help your company or organization comply with the sender identification and unsubscribe requirements of Canada’s federal anti-spam legislation (CASL)?

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October 28, 2021

Practical Law Canada Competition, of which I am Lawyer Editor, has published a new Legal Update, which discusses a recent speech by the Commissioner of Competition calling for modernization of Canadian competition law.  Below is an excerpt with a link to the full Legal Update.

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October 15, 2021

Do you need a precedent for short rules (i.e., “mini-rules”) for running a random draw contest/sweepstakes in Canada? Our firm offers many types of precedents/forms to operate Canadian contests/sweepstakes, including our Short Rules (Random Draw Contest) precedent.

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October 5, 2021

Do you need checklists and precedents to help your company or organization comply with some of the common business-related exemptions and categories of implied consent under Canada’s federal anti-spam legislation (CASL)?

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October 1, 2021

Is your company or brand planning to run a contest in Canada and needs template language to comply with Facebook’s and Instagram’s Promotion Guidelines? Our firm has developed a new Canadian contest law precedent to help: Facebook and Instagram Language For Canadian Contests.

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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.