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Archive for the 'Competition Law' Category

October 3, 2010

On September 29, 2010, the Competition Bureau issued its final Leniency Program Bulletin and Leniency Program FAQs.  The Bureau’s final Leniency Bulletin sets out the factors the Bureau considers when making sentencing recommendations to the Public Prosecution Service of Canada (“PPSC”) and the process for seeking leniency recommendations in criminal cartel cases.  Under the Bureau’s Leniency Program, the Bureau may recommend to the PPSC that applicants that qualify with the terms of the program be granted leniency in exchange for cooperating with the Bureau in an investigation and any subsequent prosecution.

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September 30, 2010

Earlier today, the Financial Post and others reported that The Canadian Real Estate Association (“CREA”) has negotiated a settlement (consent agreement) in the MLS abuse of dominance case.  According to the Financial Post, CREA and the Competition Bureau have reached a settlement that will need to be ratified by CREA’s member real estate boards.

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September 30, 2010

The Globe and Mail reported today that Wind Mobile has filed a Competition Bureau complaint with Rogers in relation to Rogers’ advertising for its Chatr wireless discount brand.  Wind Mobile’s complaint appears to be based on the misleading advertising (which include false comparative advertising claims) and/or false performance claim provisions of the Competition Act.

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September 29, 2010

Earlier today the Competition Bureau published its final Leniency Program Bulletin.

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September 27, 2010

The Competition Bureau announced today that it has issued its new Bulletin on “Regulated” Conduct (see: “Regulated” Conduct Bulletin).  This new Bulletin outlines the Bureau’s current approach to the enforcement of the Competition Act where conduct may be regulated by other valid provincial or federal legislation (potentially subject to the “regulated conduct defence” or “RCD”).

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September 27, 2010

The Competition Bureau announced today that it had reached an agreement with The Coca-Cola Company to address its competition concerns in relation to Coca-Cola’s proposed acquisition of the North American business of its primary bottler (Coca-Cola Enterprises Inc.).  Before the proposed acquisition, Coca-Cola Enterprises produced, marketed and distributed not only Coca-Cola products but also products for Dr. Pepper Snapple Group, Inc.

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September 24, 2010

Earlier today, the Competition Bureau announced that it was participating, together with members of the International Consumer Protection and Enforcement Network (ICPEN), in a joint Internet advertising sweep, focused on fraudulent and deceptive advertising on social media sites.

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September 23, 2010

Somewhat in contrast to recent developments in the BHP/Potash transaction, BHP received some good news today.  Reuters and others are reporting that the BHP has received U.S. antitrust clearance (Hart-Scott clearance) for its bid for Potash Corp.

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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.