Archive for the 'Competition Law' Category
January 28, 2014
I work on many competition compliance programs and with a variety of organizations ranging from corporations to trade and professional associations. Questions that often arise in the context of compliance include “what is required” and “what is effective”? In Canada, competition law compliance programs are not legislatively required under the Competition Act but the federal Competition Bureau (Canada’s competition law regulator) recommends that organizations adopt compliance programs and include five essential elements. In practice, effective compliance strategies can range from full programs (with a compliance manual, slide presentation, compliance policy and periodic training and education) to the adoption and use of compliance guidelines for key (and potentially high risk) activities.
Steve Szentesi
Kevin Wright (Davis LLP)
Extract from a chapter to be published in CLEBC
Annual Review of Law & Practice – 2014
The following is our final competition law installment from our forthcoming chapter in CLEBC’s Annual Review of Law & Practice – 2014. For the first four posts (misleading advertising, mergers and Investment Canada Act, civil and criminal matters, and private actions) see: here, here, here and here.
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: steve@szentesilaw.com
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Five months or so to go until Canada’s new anti-spam legislation (CASL) will largely come into force. Generally speaking, the new law will require advance, express opt-in consent for commercial electronic messages sent to or received by Canadian computers, including inbound marketing by U.S. and international marketers, unless an exception or category of implied consent applies.
January 23, 2014
Steve Szentesi
Kevin Wright (Davis LLP)
Extract from a chapter to be published in CLEBC
Annual Review of Law & Practice – 2014
The following are several of the key competition law private action cases in Canada in 2013 from our forthcoming chapter in CLEBC’s Annual Review of Law & Practice – 2014. For the first three posts (misleading advertising, mergers and Investment Canada Act, and civil and criminal matters) see: here, here and here. Tomorrow I’ll post our final update of key competition law developments from last year: trade and professional associations, new Competition Bureau guidelines and other developments.
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Joint Procurement of Oilfield Services
On June 14, 2013, the Alberta Court of Appeal unanimously reversed a controversial trial judgment holding that two competing oil and gas producers had illegally conspired contrary to the pre-2010 version of section 45 of the Act (i.e., the criminal conspiracy provision) by agreeing to use one supplier of certain oil field services to the exclusion of the plaintiff: 321665 Alberta Ltd. v. Husky Oil Operations Ltd., 2013 ABCA 221. On January 16, 2014, the Supreme Court of Canada dismissed the plaintiff’s application for leave to appeal.
January 22, 2014
A new C.D. Howe Institute report, entitled “Full Throttle: Reforming Canada’s Aviation Policy”, looks at ways to lower the cost of air travel in Canada and make the Canadian airline industry more competitive.
January 22, 2014
Steve Szentesi
Kevin Wright (Davis LLP)
Extract from a chapter to be published in CLEBC
Annual Review of Law & Practice – 2014
The following are some of the key civil and criminal competition law developments in Canada in 2013 (late 2012 to early 2014) from our forthcoming chapter in CLEBC’s Annual Review of Law & Practice – 2014.
January 21, 2014
Steve Szentesi
Kevin Wright (Davis LLP)
Extract from a chapter to be published in CLEBC
Annual Review of Law & Practice – 2014
The following are some of the key merger and Investment Canada Act developments in Canada in 2013 (late 2012 to early 2014) from our forthcoming chapter in CLEBC’s Annual Review of Law & Practice – 2014.
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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I’ve been working on a fair number of contests lately. Sometimes they appear deceptively simple, but in fact are fairly highly regulated including a small tangle of modern (e.g., the federal Competition Act and social media sites’ terms of use) and antiquated laws (e.g., the sometimes tortuous illegal lottery provisions of the Criminal Code).
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
