Archive for the 'News' Category
December 18, 2012
Earlier today, the Canadian Transportation Agency (CTA) launched a new site for the new all-inclusive air price advertising (see: All-Inclusive Air Price Advertising), in advance of new regulations that will be published in the Canada Gazette (on January 2, 2013).
This new website, and upcoming regulations, has been the result of about two years work and consultations to address consumer concerns regarding airline advertising in Canada, particularly price advertising.
The new framework and regulations also reflect a wider enforcement trend in Canada, including by the federal Competition Bureau, for more complete and up-front price advertising (as well as increased enforcement scrutiny on other key advertising areas including the general impression of advertising, disclaimers, performance claims and effective disclosure in the context of mobile devices and other new media).
According to the CTA, the new regulations are meant to achieve two broad objectives: to better allow consumers to determine total airline fares (and compare airline offerings) and promote fair competition between air carriers (creating a “level playing field for [all airline advertisers] for travel within, or originating in Canada”).
The new regulations will apply to any person that advertises air prices to the public (for travel in or originating in Canada), through interactive or non-interactive media (apparently an effort to keep the scope of communication technology neutral) and will include the following:
1. The total price, including all taxes, fees and charges.
2. A minimum level of disclosure for services offered (including points of origin/destination, whether a flight is one way or return, and any booking or travel availability periods)
3. Access to a breakdown of fees, taxes and charges and any optional services offered for additional charges.
December 17, 2012
CANADIAN CONTEST RULES/PRECEDENTS
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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In an interesting article published earlier today by the Vancouver Sun, the Sun is reporting an apparent dispute between an environmental group (Pacific Wild) and B.C. gaming officials in relation to a conclusion by gaming officials that a private wolf-kill contest does not require a permit.
December 13, 2012
The Criminal Matters Committee and the Young Lawyers Committee of the Canadian Bar Association’s National Competition Law Section are presenting an upcoming conference (and teleconference) entitled “A Primer of Immunity and Leniency in Criminal Competition Practice”. This conference/teleconference is to be held on January 17, 2013 from 12:30 – 2:00 pm (Toronto time).
Overview from the CBA:
“Canada’s Competition Bureau has consistently cited effective immunity and leniency programs as the most productive means of discovering and prosecuting cartel behaviour. As these programs continue to play an increasingly vital role in the Canadian legal landscape, both new and experienced practitioners alike must stay current on the latest developments and ensure that they understand the key issues. Please join our distinguished panelists for an informative discussion from the perspectives of both the Competition Bureau and the private bar.”
December 11, 2012
The Canadian Council of Chief Executives (CCCE) and School of Public Policy (University of Calgary) hosted a half-day Canada in the Pacific Century conference on December 10th (see: Canada in the Pacific Century), as part of its series on Canada/Asia trade.
The CCCE has now uploaded slides and videos from the conference – see: webcast of “Canada in the Pacific Century”.
Conference overview:
“Asia’s rise is the single most important force transforming the global economy at the beginning of the 21st century. Rapid urbanization and the expected doubling of the world’s middle class will have far-reaching consequences, from unprecedented demand for food, energy and other resources, to a reshaping of the multilateral trading system. Countries and companies that adapt successfully to these changes can expect to prosper and grow; others will be left behind. On behalf of the Canadian Council of Chief Executives, thank you for participating in this conference series on Canada’s economic prospects in a rebalanced global economy.”
December 10, 2012
The U.S. Federal Trade Commission (FTC) has issued a very interesting new report on kids’ apps and privacy entitled: Mobile Apps for Kids: Disclosures Still Not Making the Grade (see: here and here) (and announced new “nonpublic” related investigations in the mobile app industry). The FTC’s new report examines the privacy disclosures and practices in connection with kids’ apps in the Google Play and Apple App stores and is the FTC’s second kids’ mobile apps survey.
In announcing the release of its new report, the FTC said:
“Since FTC staff’s first survey of kids’ mobile apps in 2011, staff found little progress toward giving parents the information they need to determine what data is being collected from their children, how it is being shared, or who will have access to it. The report also finds that many of the apps surveyed included interactive features, such as connecting to social media, and sent information from the mobile device to ad networks, analytics companies, or other third parties, without disclosing these practices to parents.
While we think most companies have the best intentions when it comes protecting kids’ privacy, we haven’t seen any progress when it comes to making sure parents have the information they need to make informed choices about apps for their kids. In fact, our study shows that kids’ apps siphon an alarming amount of information from mobile devices without disclosing this fact to parents. … All of the companies in the mobile app space, especially the gatekeepers of the app stores, need to do a better job. We’ll do another survey in the future and we will expect to see improvement.”
According to the FTC, most kids’ apps it reviewed failed to disclose any information about the data being collected and commonly shared information with 3rd parties (including device ID, geolocation or phone numbers) without adequate disclosure. Some of the other key findings from the FTC’s new kids’ app report include:
1. Parents are not being provided with information about what data an app collects, who will have access to that data, and how it will be used. Only 20 percent of the apps staff reviewed disclosed any information about the app’s privacy practices.
2. Many apps (nearly 60 percent of the apps surveyed) are transmitting information from a users’ device back to the app developer or, more commonly, to an advertising network, analytics company, or other third party.
December 8, 2012
The American Antitrust Institute (aai) has posted the materials from its recent 6th Annual Private Antitrust Enforcement Conference in Washington. The materials include podcasts and downloadable PDF versions of papers presented on the following topics: the AAI Jury Instruction Project, Employment Antitrust Litigation, Trends in Use of Truncated or “Quick Look” Analysis, Litigation in Regulated Industries and Class Action Developments.
For more information and copies of the materials see: 6th Annual Private Anitrust Enforcement Conference.
December 7, 2012
Earlier today, the Federal Government announced that it was granting Investment Canada Act approval for China National Offshore Oil Company’s (CNOOC) acquisition of Nexen Inc. and PETRONAS’ acquisition of Progress Energy (see: here and here).
With respect to CNOOC/Nexen, the Minister of Industry emphasized CNOOC commitments relating to governance, commercial orientation and free market principles as factors for approving the transaction:
“To demonstrate that the transaction is likely to be of net benefit, CNOOC has made significant commitments to Canada in the areas of: governance, including commitments on transparency and disclosure; commercial orientation, including an adherence to Canadian laws and practices as well as free market principles; and employment and capital investments, which demonstrate a long-term commitment to the development of the Canadian economy. A compliance report related to the undertakings will be provided to Industry Canada annually.”
As anticipated, at the same time the Government also released a new Policy Statement and revised State-Owned-Enterprise Guidelines (Investment by state-owned enterprises – Net benefit assessment) for net benefit to Canada reviews of investments by SOEs that amend Guidelines first issued in 2007.
Some of the key changes (and shifts in policy) that struck me on my review of the new SOE Guidelines and Policy Statement include:
1. The Federal Government sending a clear signal that acquisitions of control by SOEs in Canada’s oil sands will be found to be of net benefit to Canada only on an “exceptional basis”. When questioned in an interview following the announcements, the Prime Minister did not amplify on what circumstances may satisfy this test.
2. More formal monitoring of SOE transactions (which is consistent with an increased desire by the Government generally to ensure that Investment Canada Act undertakings are fulfilled).
3. Increasing the scrutiny on the level of control by a foreign state (to include the control or influence of the SOE over the business and relevant industry, as well as the control/influence of the foreign state over the SOE). In this regard, the definition of SOE in the Guidelines has been expanded to include “influence” in addition to ownership and control (the Investment Canada Act does not define SOE).
4. Distinguishing between reviews for acquisitions of control from minority investments including joint ventures (the latter “continuing to be welcome”, while the former will be cleared only on an “exceptional basis”).
December 7, 2012
The Corporate Counsel and Unilateral Conduct/Reviewable Matters Committees of the Canadian Bar Association will be co-hosting the following upcoming teleconference on December 13th: Advising Amongst Uncertainty: Abuse of Dominance in Canada and the New Guidelines:
“Globally, enforcement of unilateral conduct laws has led to some of the most high profile matters in antitrust history, including Microsoft and Google in the US and EU. By comparison, unilateral conduct has seen much less enforcement in Canada in the last decade, which has arguably impacted the amount of attention it receives by businesses and their legal advisers. However, the Competition Bureau’s approach to enforcement appears to have changed since 2009 and has produced recent high profile cases including the Canadian Real Estate Association and Toronto Real Estate Board abuse of dominance cases. With the new Abuse of Dominance Guidelines released on September 20, 2012, both in-house counsel and private practitioners are revisiting this area with interest. But how helpful are the shortened Guidelines in providing meaningful guidance, and where else can counsel turn for information? Join us for lively discussion on the state of Abuse of Dominance in Canada, including hypothetical fact scenarios and practical insights on advising in this complex and evolving area.”
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
