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September 10, 2014

An interesting new Cardus report released yesterday (authored by Stephen W. Bauld and Brian Dijkema), entitled Hiding in Plain Sight: Evaluating Closed Tendering in Construction Markets, argues against closed tendering in public construction procurement. The report also includes discussions of recent Charbonneau Commission developments, construction unions and purported arguments for closed tendering in public procurement (such as for “safety” or “qualification” reasons). One of the central conclusions of the report is that local rules that limit competitive tendering are diametrically opposed to the key principles of public procurement: openness, fairness and transparency. Well worth a read (abstract below with a link to the complete report).

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August 24, 2014

The U.S. Federal Trade Commission has proposed settlements in two cases involving professional associations and codes of ethics that the FTC alleged violated U.S. antitrust laws (the FTC Act) (see: here).  In these two cases, involving the National Association of Residential Property Managers (NARPM) and National Association of Teachers of Singing (NATS), the associations agreed to remove provisions in their codes of ethics that, according to the FTC, limited competition among members and raised antitrust law concerns.

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July 22, 2014

In an interesting case that caught my eye yesterday and today, the U.S. Federal Trade Commission (FTC) has proposed a settlement in a case involving allegations that an online bar code re-seller engaged in an “invitation to collude” under Section 5 of the U.S. FTC Act. See: Different methods, same old antitrust problem and Two barcode resellers settle FTC charges that principals invited competitors to collude.

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July 19, 2014

In Canada, the United States and many other open western and eastern economies we fortunately live in free markets. That is to say companies in any sector can enter, devise a new product (or improve on an existing products), compete and reap the free market rewards of doing so – with risk comes reward.

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July 11, 2014

Well summer is here and I have to admit that my blog output has slowed a bit (and likely will through the summer). Nevertheless, on my daily media and competition authorities sweep earlier I read what I thought was a rather interesting note by the Irish Competition Authority on collective action by voluntary trade associations: What’s the story … with the IMO representing their members?.

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June 26, 2014

Several days ago I posted several short notes discussing a few of the more interesting, frequent and important competition and advertising law questions I’ve received over the past few years (see: here and here).  Today I thought I would write one more with a few more “real life” competition/advertising law FAQs – i.e., not hypotheticals worked up by a lawyer but questions I’ve received over the past few years.

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June 21, 2014

“Every business and individual has a duty to act lawfully. The Bureau operates on the assumption that all businesses and their senior management wish to comply with the law. Compliance is important for all businesses, regardless of their size, for both legal and practical reasons.

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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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June 20, 2014

Canada’s CRTC, one of three federal agencies responsible for administering and enforcing Canada’s new federal anti-spam law (CASL), has updated its Canada’s Anti-Spam Legislation page to include more CASL background and compliance materials. CASL comes into force July 1st and also applies to international marketers engaged in electronic marketing to Canadians.

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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.