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Archive for the 'Associations' Category

January 29, 2014

On my daily media sweep earlier today, I came across what I thought was a very good new discussion of competition law and associations, including overviews of some of the more interesting and important recent U.S. cases.  This new note by the U.S. firm Arent Fox, entitled Lessons for Associations From 2013 Antitrust Activities, discusses, among other things, the recent and ongoing Music Teachers National Association, American Quarter Horse Association and North Carolina “teeth whitening” cases (involving antitrust issues arising from membership rules, codes of ethics, standard setting, the application of the U.S. “state action immunity” doctrine, the U.S. parallel to the Canadian “regulated conduct defence”, and information sharing between association members).

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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.

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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: 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.

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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.

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January 13, 2014

Earlier today, the German antitrust authority (the Bundeskartellamt) announced that $145 million in fines had been imposed against five beer manufacturers and seven individuals in a beer price-fixing case (see: First fines imposed in cartel proceedings against breweries).

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January 10, 2014

Throughout last year, competition law compliance for trade and professional associations remained a key theme for Canada’s Competition Bureau.  The new Commissioner of Competition John Pecman addressed trade association compliance and recent association cases five times in remarks between late 2012 and the end of 2013 (see for example, here and here).

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January 6, 2014

On December 4, 2013, the Federal Government announced that Canada’s new anti-spam legislation (CASL) would finally largely come into force on July 1, 2014 (with several transition periods for the unauthorized installation of computer program and private action provisions).  The following is my updated summary of the impending CASL, including summaries of the consent, form and unsubscribe requirements (and legislative links and key resources).

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January 3, 2014

Earlier today, the Canadian Corporate Counsel Association (CCCA) published a new edition of its CCCA Magazine.   Included is a quite good article on competition law compliance entitled “Competition law: How to stay out of trouble” (sub-title: “How a robust antitrust compliance program can keep your company out of trouble”).

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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.