Archive for the 'Developments' Category
August 3, 2016
The OECD has published a new interesting working paper with recommendations for reforms to increase competition in Canadian network markets. For Canadian consumers, it may not come as a surprise that the OECD’s working paper recommends changes to increase competition in Canadian energy, telecommunication, broadcasting and transportation sectors.
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.
************
August 2, 2016
Canada’s new federal anti-spam legislation (CASL) came into force about two years ago. Since then, Canadian companies and those marketing into Canada have worked (and at times struggled) to comply with Canada’s new requirements for electronic marketing.
Featured Update
Practical Law Canada Competition
July 18, 2016
This Featured Update discusses the recent Online Reviews and Endorsements Guidelines issued by the International Consumer Protection and Enforcement Network (ICPEN). It includes a summary of key principles and guidelines for review administrators, traders and marketing professionals, and digital influencers. It also highlights how these new Guidelines reflect the Canadian Competition Bureau’s approach to online reviews and endorsements, as well as other major consumer protection agencies.
July 16, 2016
Guest post by John Simpson
Online threats to commercial reputations are on the rise. These include “attack sites”, “gripe sites” (e.g., RipOff Report), cyber-libel via social media, domain name high-jacking, meta tag high-jacking and defamatory email campaigns. Online brand and reputation attacks are easy and inexpensive to wage and they can be devastatingly effective.
Guest post by John Bodrug & Anita Banicevic
Davies Ward Phillips & Vineberg LLP
July 1, 2016
On June 28, 2016, Canada’s Competition Bureau announced that it had cleared Superior Plus Corporation’s acquisition of Canexus Corporation despite the Bureau’s conclusion that the transaction “would likely result in a substantial lessening of competition for the supply of various industrial chemical products in Canada”. The Bureau attributed its decision to the unique availability of the efficiencies defence under section 96 of the Competition Act (which provides that a merger cannot be prohibited when the expected efficiency gains outweigh the likely anti-competitive effects of the transaction). The day before the Bureau’s announcement, the Federal Trade Commission (FTC) announced that it is challenging the transaction because it would “significantly reduce competition in the North American market for sodium chlorate”. Despite the disparate outcomes, these announcements and actions highlight not only the availability of the efficiencies defence in Canada, but also the increased level of coordination and cooperation between the Bureau and its U.S. antitrust counterparts in cross-border mergers.
Excerpt from Featured Update
Practical Law Canada Competition
June 20, 2016
This update discusses the Competition Tribunal’s recent Kobo decision, which clarifies the substantive requirements for consent agreements. This update also discusses the Competition Bureau’s increased bid-rigging enforcement and awareness efforts.
May 27, 2016
Earlier today, the Competition Bureau (Bureau) announced two final settlements in its four-year year litigation against Canada’s major telecoms and the Canadian Wireless Telecommunications Association (CWTA). See: Bell customers to receive up to $11.82 million as part of Competition Bureau agreement.
Excerpt from Featured Update
Practical Law Canada Competition
May 13, 2016
On May 10, 2016, the Competition Tribunal (Tribunal) released its full reasons in the landmark Toronto Real Estate Board (TREB) abuse of dominance case (The Commissioner of Competition v. The Toronto Real Estate Board, 2016 Comp. Trib. 7 (Competition Trib.)). This decision is the culmination of five years of litigation, including a Federal Court of Appeal decision that redefined and expanded the law of abuse of dominance in Canada. For more information about abuse of dominance, see Practice Note, Abuse of Dominance (Sections 78 and 79 of the Competition Act).
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
