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June 10, 2013

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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In an interesting recent contest / sweepstakes case, A&P has reportedly agreed to settle charges alleging that it violated New York State sweepstakes laws by failing to adequately inform consumers that no purchase was required to enter its “A&P Frozen Food Month 2013” sweepstakes (for reports see: here and here).

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June 6, 2013

The Canadian Bar Association has published a new issue of its Canadian Competition Law Review (see: here). This new issue includes articles on “The Economic Consequences and Constitutionality of Administrative Monetary Penalties for Abuse of Dominance” (G. Bishop), “The 2012 Abuse of Dominance Guidelines: An Economic Review” (M.D. Noel), “Addressing Misleading Advertising in the Canadian Telecommunications Industry: A Complex, Evolving Story” (K. Webb) and “The Impact of Chinese Competition Law on Merger Control: Over-whelming Discretion Outweighs the Spirit of the Law” (C.N.K. Chun).

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June 3, 2013

Well, after months of consultation and debate, and a seemingly ever rising swell of commentary and consumer gnashing of teeth about the poor quality of Canadian wireless services (and anticipated demise of Canada’s new wireless entrants), the CRTC today announced at long last its wireless code of conduct.

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May 28, 2013

An interesting performance claims advertising claims case caught my eye today in my daily media sweep.  According to the CBC, HuffPost and others, Kellogg has agreed to pay $4 million to settle a class action lawsuit relating to some of its former marketing claims for Frosted Mini-Wheats.

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May 24, 2013

The potential routes to deception are many.  In misleading advertising cases, commonly challenged conduct includes false price, performance and other product claims (e.g., omitting key limitations or conditions on products or services).  Some of the advertising practices that are regulated or prohibited in Canada include contests, performance claims, bait and switch selling, ordinary selling price claims, multi-level marketing, pyramid selling schemes, deceptive telemarketing, deceptive prize notices and testimonials and warranties.

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May 16, 2013

There used to be a saying that nothing in life is free.  In Australia, it seems, there are no free TVs, or at least not that many.  In a curious case posted by the Australian ACCC earlier today (or was that yesterday?), it announced that it had settled an allegedly false free TV promotional offer with Australian cable company FOXTEL.

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April 24, 2013

The British Columbia Real Estate Council issued its new Report from Council Newsletter, which includes a summary of the new and updated advertising requirements for British Columbia real estate licensees (see: here).

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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.