Archive for the 'News' Category
March 7, 2013
The old adage is that “the life of a monopolist is a quiet life”. In light of mounting consumer criticism of poor service from a concentrated Canadian wireless market, earlier today the Canadian federal government announced new measures to increase competition in the wireless sector.
In making the announcement, Canada’s Industry Minister said:
“Canadian families work hard for their money. Our government is ensuring that they have access to the wireless services they need for their BlackBerrys and iPhones at a price they can afford. Simply put, since coming to office, we have made a stronger, more competitive wireless sector a priority. And the results speak for themselves. Consumers have more choice in the wireless market than ever before. Prices have dropped, and most Canadians now have access to faster mobile speeds and the most sophisticated tablets and smartphones.”
According to the Industry Minister, the new measures, which impose limits (caps) on the acquisition of spectrum by Canada’s large carriers and introduce new measures to facilitate roaming and encourage tower sharing, are meant to provide more choice, better access and more competitive pricing for Canadian wireless consumers.
The measures announced today include: expanding and extending the requirement for wireless companies to provide roaming on their networks to competitors, to ensure that all Canadians, even when traveling, have service regardless of their provider; tightening existing rules to increase cell-phone tower sharing, helping limit the construction of new cell towers (which can operate as a barrier to entry and has been an environmental concern for Canadians); using upcoming spectrum auctions to promote four competitors in each region of the country, from the current “big 3” (the first of which of these new auctions, a 700 MHz auction, will take place in November, 2013); and reviewing the policy on spectrum license transfers in advance of the upcoming auction.
The new measures, meant to promote increased wireless competition, come on the same day that a non-profit study was released arguing that a majority of Canadians are forced to accept poor wireless service (see: Open Media: Time for an Upgrade). The apparent horror experienced by some Canadian wireless customers was also widely recounted by media today – see e.g., the HuffPost’s note: Canada Cellphone Contracts: Horror Stories Ring Through Consumers Troubles With Serice Providers.
The Government’s announced new wireless measures also come of course in the midst of the ongoing CRTC wireless code consultations and also follow the earlier lifting of investment restrictions on small carriers with less than a 10% market share.
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: contact.
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March 7, 2013
Earlier today, the Federal Government posted comments that it has received to the proposed Industry Canada regulations under Canada’s pending federal anti-spam legislation (CASL). Revised Industry Canada regulations were posted in earlier January for public comments, based on significant industry push back to CASL and, in particular in relation to the proposed Industry Canada Regulations, narrow and arguably commercially unworkable exceptions to the legislation. More than 100 comments have been posted, from a variety of companies, associations, individuals and other organizations.
March 6, 2013
In addition to my contest law services, I offer Canadian contest forms and precedents for random draw and skill contests in Canada (excluding Quebec).
These Canadian contest forms are intended to bridge the gap between legal advice and forms on the web, which may not be current, accurate, reviewed by counsel or even intended for Canadian promotions (i.e., U.S. or international forms that do not include the key requirements to effectively operate a contest in Canada).
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CANADIAN CONTEST RULES & FORMS
Need contest rules and forms for a Canadian Contest? I offer a selection of Canadian contest rules and forms for common types of Canadian contests. For more information see: Contest Forms.
March 4, 2013
John Pecman has held the position of Interim Commissioner of Competition in Canada since late last fall and, until a new Commissioner is chosen and announced, holds the senior role at the Canadian Competition Bureau. On April 5th, the C.D. Howe Institute will be hosting a Toronto roundtable event with Mr. Pecman. From the C.D. Howe Institute:
“John Pecman is Interim Commissioner of Competition. The Commissioner is responsible for the administration and enforcement of the Competition Act and three labelling statutes, the Consumer Packaging and Labelling Act, the Precious Metals Marking Act and the Textile Labelling Act.
As head of the Canadian Competition Bureau, the Commissioner leads the Bureau’s participation in international fora such as the Organization for Economic Cooperation and Development (OECD) and the International Competition Network (ICN), to develop and promote coordinated competition laws and policies in an increasingly globalized marketplace.
March 4, 2013
In a very interesting real estate sector development, the Real Estate Council of British Columbia has updated its advertising requirements for licensees under the British Columbia Real Estate Services Act (see: here and here). In making the announcement, the Council said that:
“Each month, the Real Estate Council receives a large number of complaints relating to licensee advertising. In order to reduce the number of complaints, the Council has developed the following information which is designed to assist licensees in creating advertisements that comply with the requirements set out in the Council Rules.”
Three BC Real Estate Council rules govern real estate salespersons’ advertising in BC: sections 4-6 (general advertising restrictions and requirements), 4-7 (which prohibits false or misleading advertising) and 4-8 (advertising in relation to specific real estate) (see: here). In general, these Council rules require licensees to make certain disclosure (e.g., brokerage name), prohibit false or misleading advertising and owner (or agent) consent for advertising specific property.
The Council’s new advertising guidelines, which, according to the Council are intended to “ensure that the public is neither misled nor confused as to who is providing real estate services and to ensure the accuracy of representations”, include a real estate advertising checklist (with common advertising problem areas), as well as information relating to specific types of advertising and issues including disclosure of the brokerage name, a “top six” list of advertising vehicles where the Council commonly finds licensee advertising violations (e.g., Facebook, Craigslist, Twitter and Google+), guidelines for Internet and social media advertising and a discussion of steps to take to avoid false or misleading advertising.
Some of the general guidance in the Council’s new guidelines that is consistent with the Competition Act’s misleading advertising rules include: ensuring that all representations are accurate and verifiable, disclosure of any conditions or limitations, ensuring that any performance type claims – for example, relating to business volume, honours/awards, etc. – are supported and the source of the supporting data disclosed.
February 28, 2013
As part of the kick-off of Fraud Prevention Month it seems, the Competition Bureau has issued an updated pamphlet for businesses on bid-rigging. The Bureau’s new Bid-rigging pamphlet discusses the criminal bid-rigging offences under the Competition Act (section 47), provides some tips to detect and prevent common types of bid-rigging offences (e.g., cover bidding, bid suppression, bid rotation and market division), gives a brief overview of the Bureau’s Immunity and Leniency Programs and bid-rigging penalties. The Bureau’s new pamphlet also includes other bid-rigging related resources, including its multi-media presentation: Bid-Rigging: Awareness and Prevention.
February 28, 2013
The Continuing Legal Education Society of British Columbia (CLE BC) has published its annual Review of Law & Practice – 2013, including my joint Competition Law chapter (see: Annual Review of Law & Practice – 2013). Overview (from CLE BC):
“Discover the most efficient way to stay informed, with key developments in 33 practice areas. Each year, lawyers and other readers around the province turn to CLEBC’s Annual Review of Law & Practice to learn about the key developments and trends in British Columbia law. Thriving in its 22nd annual edition, Annual Review provides an easy, affordable, and reliable way to keep its readers on top of the pivotal issues and trends. This year’s edition is bigger and better than before, and introduces a new chapter on “Competition Law”. The book now contains 34 chapters packed with accessible commentary about the main legislative, case law, and practice changes in British Columbia. Chapters are written by BC lawyers who have recognized interests and knowledge in particular areas of law. All good reasons why, in British Columbia, Annual Review is the essential updating tool for the busy practitioner.”
My joint Competition Law chapter includes a summary of the 2012 developments in the major areas of Canadian competition law including: misleading advertising, mergers, the Investment Canada Act, abuse of dominance, criminal matters, private actions and new Competition Bureau guidelines.
February 27, 2013
Earlier this week, the Federal Court of Appeal released the public version of its reasons in a decision upholding the Competition Tribunal’s decision ordering divestiture in the contested BC Tervita hazardous landfill merger.
The decision is noteworthy on a number of counts, including for being the first fully contested merger proceeding in over ten years, being a relatively rare example of a “prevent” merger case (the Commissioner may challenge mergers in Canada under the Competition Act where they may either prevent or substantially lessen competition in a relevant market) and for the Federal Court’s views on the application of the Competition Act’s efficiencies defence.
In the midst of sledding through this rather blanching FCA judgment – some 60 plus pages (see: here) – I somewhat fortunately received this quite good, short Davies note on the case and its implications in my inbox. So, I’m cheating slightly here (albeit with permission). Overview:
“On February 25, 2013, the Federal Court of Appeal (“FCA”) released the public version of its decision upholding the Competition Tribunal’s order requiring Tervita (formerly known as CCS Corporation) to divest the Babkirk hazardous waste landfill site following its acquisition of Complete Environmental Inc. The case is the first fully contested proceeding under the merger provisions of the Competition Act in over a decade.
The FCA considered whether the Tribunal was justified in finding that the merger resulted in a substantial prevention of competition and that the efficiencies claimed by Tervita were not greater than and would not offset the anticompetitive effects of the transaction.
Among other things, the decision: endorses the Tribunal’s approach to determining whether the merger resulted in a substantial prevention of competition; states that the proper timeframe to consider in determining whether a merger results in a substantial prevention of competition will generally be assessed in relation to the period of time required for a new entrant to enter into the market; and clarifies that the proper methodology for applying the Act’s efficiencies defense involves as objective an analysis as is reasonably possible, although this approach may still consider qualitative factors that cannot be quantified.”
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
