Archive for the 'Uncategorized' Category
October 31, 2013
Earlier today the Supreme Court of Canada (“SCC”) released three long-awaited companion judgments that finally create clarity and certainty in the area of indirect purchasers’ ability to commence competition law class actions in Canada. (“Indirect purchasers” are consumers that have not purchased a product directly from an alleged overcharger, such as in a price-fixing cartel, but from a direct purchaser or another intermediary in the distribution chain.)
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.
May 21, 2013
The OECD has published a new Policy Roundtable report entitled Leniency for Subsequent Applicants, which follows a debate by its Competition Committee last fall. This new report includes an executive summary of that debate and submissions including from Australia, the EU, France, Germany, the UK and United States.
May 7, 2013
In a very interesting recent development, Bloomberg, Reuters and others are reporting on the first lawsuit filed in the new (well newer) financial product “fixing” case involving credit default swaps (CDS) (see here, here, here, here and here). CDS are financial instruments intended to protect investors in the event a borrower (e.g., a company, state, etc.) they have invested in default on their payments. CDS are also used for speculation.
February 26, 2013
My practice principally relates to offering business and individual clients efficient and strategic advice in relation to a range of regulatory law matters including competition/antitrust law, advertising, white-collar crime, Internet and new media law, as well as consulting and advisory services for mergers and Canadian foreign investment laws. I also offer competition and regulatory law compliance, education and policy services to companies, trade and professional associations and government agencies.
Over the past few years, my practice has grown, and has included clients from the U.K., Europe, the U.S. (including New York, New Jersey, Florida, the mid-west and California), the Pacific Rim and across Canada. Thank you to my great clients.
In connection with my practice, I have built and launched several of the largest and most comprehensive sources for competition/antitrust, advertising/marketing and regulatory law information: Canadian Competition & Regulatory Law, Canadian Advertising & Marketing Law and Canadian Contest & Promotions Law.
Based on growth in my practice, I am now looking to hire 1-2 people on a part-time contract to assist me with managing, updating and researching legal and policy developments in my core areas of practice: competition/antitrust law, advertising/marketing law and other related regulatory law areas.
Key responsibilities will include reviewing and updating websites and blogs, assisting with the management of my social media platforms (LinkedIn and Twitter), legal and web research and ongoing updates in my core areas of practice and assisting me with research, writing and other academic and billable projects including books, articles, conferences and the maintenance and expansion of my core web platforms.
No formal legal training is required. An interest in research, the web, innovation and ideas would be an asset. If you are interested in this opportunity, please send me a copy of your cv and hourly pay expectations to: steve@szentesilaw.com.
November 13, 2012
I have been meaning to reach out [by taking a break from rather more mundane, i.e., billable, work] to Competition Policy International (CPI) for including us again in their Blog o’ Blogs (for October 2012). But, for credit where it is due, my post was praise for what I thought at the time was a very good note by David Balto on the “Dozen Times to Call Your Antitrust Lawyer” (here is a link to Mr. Balto’s very good note: “A Dozen Times to Call Your Antitrust Lawyer”). When I read his note I thought it a rather fine discussion of the intersection of IP and antitrust/competition issues, and still do. In any event, thanks again to CPI, one of the leading competition/antitrust sites. For daily competition law and policy updates from around the world (which you can have delivered to your inbox) visit their site.
November 12, 2012
With testimony at the ongoing Charbonneau Commission inquiry continuing again today, the Montreal Gazette has launched a live Twitter feed of the continuing testimony – see: Live from the Charbonneau Inquiry – Montreal Gazette.
Given that the Canadian Federal Government’s review of the CNOOC/Nexen was extended, again, last Friday until December 10th, this excellent note a couple days ago by Bruce Lyons (Competition Policy Blog in the U.K.) caught my eye: Beware of Siren Advice for Political Control of Foreign mergers.
In this thoughtful but critical note, Lyons argues that the U.K. which, unlike many other major jurisdictions, does not even have mandatory merger control notification, should be wary of potential government intervention in the change of control of its firms.
In this regard, Lyons discusses a recent review by a former U.K. trade minister (Lord Heseltine) entitled No stone unturned in pursuit of growth which, according to Lyons, includes proposals to interpose U.K. government review into foreign acquisitions to achieve objectives, among others, including building U.K. research and development capacity and domestic supply chains.
Given the fact that a series now of high-profile transactions in Canada have been blocked (or at minimum delayed) by either the Federal Government or Federal regulators (for example, as widely reported, BCE’s proposed acquisition of Astral, Malaysian state-owned Petronas’ efforts to acquire Canadian Progress and now last Friday CNOOC’s bid to acquire Nexen) it struck me as rather surprising that another leading jurisdiction would be contemplating adopting rules to reduce merger clearance certainty, increase opaqueness and insert government omniscience in a world where investment borders are rapidly dissolving.
According to Lyons’ note, the U.K.’s former trade minister provides a list of capabilities that should be kept out of foreign hands, including the U.K.’s R&D capability, intellectual property, advanced manufacturing capabilities and expertise in complex finance and insurance (all of which, according to the former finance minister, are “vital to the U.K.’s future prosperity”). In a world of increasing “communities” of thought, partnerships and free-flow of capital, such insular and xenophopic thinking also struck me as, well, rather like Japan in the 16th or 17th centuries. Canada recently officially eliminated lower foreign investment review thresholds for all “sensitive” industries, except cultural industries, although this may not be obvious given the predominance of the term “sensitive” in discussions of assets varying from potash, to shale gas to big-box improvement stores.
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
