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Archive for the 'Publications' Category

June 5, 2018

The Competition Bureau (Bureau) has published the fourth volume of its Deceptive Marketing Practices Digest (Marketing Digest), which provides guidance from the Bureau on influencer marketing, “Made in Canada” claims and savings claims (see Bureau releases Deceptive Marketing Practices Digest Volume 4).

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May 25, 2018

Practical Law Canada Competition has published a new Legal Update, which discusses the recent decision by the Canadian Government to block the proposed takeover of Canadian construction firm Aecon by China’s CCCI on national security grounds under the federal Investment Canada Act. Below is an excerpt with a link to the full Update.

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May 23, 2018

The term of Canada’s current Commissioner of Competition, John Pecman, ends soon. In this respect, the CD Howe Institute’s Competition Policy Council is making two general recommendations for the mandate of the next Commissioner in its new Communiqué entitled Help Wanted: Priorities for a New Competition Commissioner: first, improve the timeliness and efficiency of the Bureau’s operations; and second, ensure that the new Commissioner vigorously pursues his or her mandate to act as an independent, strong and relevant public advocate for competition.

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May 22, 2018

Practical Law Canada Competition has published a new Legal Update, which discusses the Competition Bureau’s revised draft Immunity and Leniency Programs, which were recently re-issued for a second time in draft form for public consultation.  Below is an excerpt with a link to the full Update.

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CANADIAN CONTEST RULES/PRECEDENTS

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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As a competition and advertising lawyer, I work on many promotional contests for a wide range of clients – from large consumer products firms, to agencies, to start-ups and individuals that want to promote their brands in a perennially successful way: contests.  It’s a bit of a quirky area of law, but one thing is certain – both brands and consumers love them.  While contests can vary considerably depending on the type of promotion, where the contest will be run and how it will be promoted, in Canada there are a few important considerations that advertisers and the agencies and counsel helping them need to think about.

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Are you planning to run a promotional contest (i.e., sweepstakes) in Canada and need contest rules and forms? We can help. We offer a variety of template contest rules and forms for running popular types of contests in Canada.

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October 29, 2017

On October 26, 2017, the Competition Bureau (the “Bureau”) issued its revised draft Immunity Program for public comments. The Bureau is updating its Immunity Program to reflect recent legal and policy developments (see here).

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October 16, 2017

Following the Federal Government’s plan to legalize marijuana in Canada, provinces are now working through the logistics of pot legalization at a local level. In this regard, Ontario and Alberta recently announced their planned approaches to legalization this fall. My new Canadian Lawyer column discusses some of the key aspects of these two initial provincial plans with some modest suggestions for Ontario. For my column, see: The Ontario Government’s Pulp Fiction Approach to Pot Legalization.

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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.