Archive for the 'Publications' Category
September 21, 2014
Most association activities are legitimate and unlikely to raise competition law concerns. However, given that many, if not most, trade and professional association activities involve the direct interaction of competitors, it is prudent for association executives, staff and their advisors to take practical steps to reduce potential competition law risk.
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).
August 29, 2014
Earlier today, Canada’s Competition Bureau announced that it has launched a new Quarterly Report as part of its ongoing “Transparency Initiative” (i.e., to increase its communication to Canadians regarding the work the Bureau does). According to the Bureau, its new Quarterly Report “presents statistics relating to a variety of intake measures, merger and non-merger enforcement matters, as well as advocacy, outreach and partnership initiatives”. I discuss a few key points below that caught my eye.
August 29, 2014
WHAT ARE TRADEMARKS?
A mark (words, names, symbols, devices, sounds, smells, trade dress) used to distinguish the goods and services of one business from similar goods and services of all other businesses.
August 23, 2014
I paid a visit to my lawyer earlier today. Nothing serious – I needed some assistance with an estate I’m involved with. Yes, even lawyers sometimes need lawyers. In any event, I’m a competition lawyer as I’m sure you know. I practice in this area because I find it very interesting, even after 12 years in practice, and because I think it’s important – i.e., that markets operate competitively, companies compete fairly and that consumers, companies and economies benefit from competitive and efficient markets.
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.
July 11, 2014
The OECD has posted the papers from its recent (October 2013) discussion of ex officio cartel investigations and the use of screens to detect cartels.
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 29, 2014
After a last minute flurry of inquiries and companies and individuals finalizing preparations to comply, Canada’s new federal anti-spam legislation will at long last (or as dreaded) come into force on July 1st. So, for companies and individuals that market electronically and haven’t prepared by Tuesday, it will be “pens down” so to speak or risk the rather draconian potential penalties under the new law.
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
