The U.S. Federal Trade Commission has announced that it has filed a $450 million internet fraud civil suit against an Alberta online operator.
According to the FTC, Jesse Willms, an online operator with ten marketing companies, has:
“… raked in more than $450 million from consumers in the United States, Canada, the United Kingdom, Australia, and New Zealand by luring them into ‘free’ or ‘risk-free’ offers, and then charging them for products and services they did not want or agree to purchase. … The defendants used the lure of a ‘free’ offer to open an illegal pipeline to consumers’ credit card and bank accounts.” See: FTC Charges Online Marketers with Scamming Consumers out of Hundreds of Millions of Dollars with “Free” Trial Offers.
The FTC’s complaint alleges, among other things, that Willms and the companies he controls:
– Used deceptive tactics in offering “free trials” for various online products, including acai berry weight-loss pills, teeth whiteners and health supplements.
– Obtained consumers’ credit or debit card account numbers, by enticing them with “bogus ‘free’ or ‘risk-free’ trial offers that supposedly required only small shipping and handling fees, and also promised phony ‘bonus’ offers just for signing up” (and were charged for trial and bonus products plus recurring monthly fees).
– Made false claims about the total cost of products, recurring charges and the availability of refunds.
– Made false weight loss and cancer cure claims in relation to products.
– Provided merchant banks with false or misleading information to acquire and maintain credit and debit card processing services from the banks in light of “mounting chargeback rates and consumer complaints.”
– Concealed important terms and conditions relating to product sales.
According to the FTC, it worked closely with Canadian law enforcement officials, including the federal Competition Bureau, the Royal Canadian Mounted Police, the Alberta Partnership Against Cross Border Fraud and the Edmonton Better Business Bureau.
In Canada, the federal Competition Act contains both civil and criminal provisions dealing with false or misleading representations and also governs a variety of specific forms of marketing conduct including “ordinary selling price” claims, selling above an advertised price, deceptive telemarketing, promotional contests and performance claims.
Generally speaking, the civil misleading advertising provisions of the Act prohibit representations to the public, for the purpose of promoting a product or business interest, that are false or misleading in a material respect. The criminal provisions, which are substantially similar, prohibit false or misleading representations that are made intentionally (i.e., knowingly or recklessly).
Some of the types of claims that have been of concern for Canadian courts and the Competition Bureau in the past include literally false claims, omitting key information relating to the price or terms of sale of products and false claims regarding the performance of products (product performance claims must be supported by “adequate and proper” tests before any claim is made).
As with the FTC claims, the Competition Bureau has also pursued companies for inaccurate use of the term “free” in connection with marketing claims (see: False or Misleading Representations and Deceptive Marketing Practices and Misleading Advertising Guidelines) and has also issued specific guidelines setting out its enforcement position for online marketing and advertising (see: Application of the Competition Act to Representations on the Internet).
As a result of amendments to the Act in 2009, it is also not necessary to show that a misleading claim was made to Canadian consumers or was made in a publicly accessible place. These changes were recently made to address perceived gaps in the Act and to specifically address misleading claims made in Canada targeting foreign consumers (as is alleged in this FTC case, albeit from a U.S. enforcement perspective) and claims originating in places without direct consumer contact (e.g., in the context of online marketing operations).
For copies of the FTC’s complaint and motion for injunction see:
Complaint for Permanent Injunction and Other Equitable Relief
Motion for Preliminary Injunction and Memorandum of Points and Authorities in Support
For Jessie Willms’ news release in reply to the FTC’s allegations see:
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Somewhat eclipsed by the recent Competition Bureau case commenced against Canada’s largest real estate board, the Toronto Real Estate Board, are signs that the Bureau may also intervene to stem complaints that provincial boards and associations are thwarting flat-fee listing agents from posting Canada-wide listings.
The Globe and Mail has reported that:
“A fresh fight is brewing in the home sales industry, as the associations that represent real estate agents try to enforce restrictions on new, lower-cost competitors in an effort to prevent them from doing business across provincial boundaries.
The competitors offer low-cost, flat-fee listings on Realtor.ca, and were under the impression they would be able to accept clients from across the country after the real estate industry settled a case with the Competition Bureau last year that allowed them entry to the market.”
According to the Globe, some Canadian real estate firms are saying that they are being forced out of business by local real estate boards interpreting provincial legislation “in a way that prevents them from competing with commission-based agents” and that they have asked the Competition Bureau to intervene in this fresh fight.
The key issue is whether, as a result of the recent CREA settlement with the Bureau, real estate agents operating and licensed in one province should be permitted to post listings from other provinces on Realtor.ca (and the extent to which the voluntary trade associations to which they belong – i.e., the various local real estate boards and associations – should have the power to restrict such Canada-wide listings).
Some boards and provincial regulators have taken the position that the agents posting Canada-wide listings are trading in real estate and, as such, must be licensed in each province from which they are posting listings (i.e., an agent licensed in Ontario should not, for example, be permitted to post listings on Realtor.ca from Manitoba).
While the issue may seem straightforward enough when it comes to dealing with the local boards and associations, which do not have any legislative power to regulate broker and agent activities (local real estate boards and associations are non-statutory voluntary trade associations), it may prove to be a very different matter when the agents face the provincial regulators.
This is because the “regulated conduct defence” (“RCD”) may operate to preclude Bureau enforcement action where a legislatively authorized provincial regulator limits or restricts the ability of agents licensed in one province to post listings on Realtor.ca from another province in which they are not licensed to operate. In particular, the RCD can operate to exempt conduct that would otherwise be subject to the Competition Act where it is either mandated or authorized by valid provincial or federal legislation.
As such, while the Bureau may decide to take steps against local boards for restricting members from offering Canada-wide listings on Realtor.ca, or take the position that the terms of the recent settlement between CREA and the Commissioner are not being complied with, it may have no power to proceed against provincial regulators that discipline or sanction agents for not complying with provincial rules regulating real estate agents (e.g., for unlicensed trading in real estate).
For more see:
Competition Bureau Asked to Settle New Fight Over MLS Listings
Competition Bureau “Regulated” Conduct Bulletin
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The Wall Street Journal has reported that the Competition Bureau has issued a no action letter in the proposed TMX Group Inc. / London Stock Exchange Group plc transaction.
According to the parties, the issuance of the no action letter satisfies the condition of their February 9th, 2011 merger agreement. For the TMX Group news release see:
TMX Group – London Stock Exchange Group Proposed Merger Receives Clearance from Competition Bureau
Under the Competition Act, merging parties may complete a proposed transaction that is notifiable when: an ARC is received (the strongest form of pre-merger clearance under the Act, typically issued in non-complex transactions where there are few or no issues); a “no action letter” is received, stating that the Commissioner does not at that time intend to seek a remedial order from the Competition Tribunal; or the applicable statutory waiting period has expired.
As a result of recent amendments, however, the Bureau may still challenge a transaction where a no action letter is issued (or the applicable statutory waiting period has expired, allowing the merging parties to complete) for up to one year post-closing.
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The Toronto Star reports that Globalive’s chairman, in a speech today, urged for a review of Canada’s existing telecommunications foreign control restrictions and preferential spectrum auction bidding rules, among other things.
In his speech to industry members at the Canadian Telecom Summit in Toronto, Anthony Lacavera said that Canada’s “existing telecommunications foreign control restrictions [were in his view] an overly broad and inefficient regulatory tool” and that the “government should create rules allowing [new entrants] a chance to bid for access to spectrum in upcoming auctions to ensure incumbents do not acquire it at any price to stave off further competition.” Lacavera also said that abuse of market power or dominance by incumbents must be dealt with harshly and swiftly.”
For Lacavera’s complete speech see:
Canadian Telecom Summit Keynote Speech
Globalive’s chief’s speech closely follows remarks by Canada’s new Minister of industry to maintain and increase competition in the telecommunications sector in Canada.
Earlier this week, Christian Paradis, in a speech to the 2011 Canadian Telecom Summit, announced that the Canadian Government would be auctioning off further 700 megahertz and 2,500 megahertz spectrum, in addition to wireless spectrum that had been set aside to allow the entry of new entrants including Mobilicity, Globalive and Videotron.
With respect to the new spectrum auction, the Minister said that the Government had “concluded [its] consultations on policy issues, band structure and spectrum requirements”, which is to be “followed by consultations on auction design and conditions of licence … later this year.” The Minister also indicated that more frequencies may be made available in the next few years.
With respect to existing foreign ownership restrictions, which has been a significant issue with Globalive (and the subject of court proceedings challenging its existence) and other new entrants, the Minister was more circumspect, saying only that “foreign ownership … remains an important piece of the puzzle, and one that [he] was personally committed to getting right.”
For the Minister’s full speech see:
Minister Paradis Reaffirms Commitment to Canada’s Digital Economy
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The Competition Law Guide for Trade Associations in Canada
We are pleased to announce the publication by Carswell of The Competition Law Guide for Trade Associations in Canada jointly authored by Steve Szentesi and Mark Katz.
The Guide, the most detailed book of its kind in Canada, is a practical and concise summary of Canadian competition law as it applies to trade, professional and other associations. It includes an overview of the major areas of Canadian competition law that apply to associations, including the conspiracy (criminal and civil), bid-rigging, abuse of dominance and misleading advertising provisions of the federal Competition Act. The Guide also includes discussions of some of the specific types of association activities that can raise competition law concerns including membership criteria and discipline, codes of conduct and standard setting, meetings and information exchanges and joint association activities (e.g., joint negotiation and marketing, joint purchasing activities and lobbying and advocacy). A compendium of “best practices” (i.e., do’s and don’ts) is also included together with sample guidelines for the conduct of association meetings, document creation and responding to government investigations (principally search and seizures). Basic sample association compliance presentations for associations are also included.
The Guide is intended to provide a practical resource for trade and professional association executives, their personnel and counsel to better understand Canadian competition law as it applies to association activities and to assist them in anticipating and reducing potential competition law liability.
For more information about this forthcoming book see Carswell’s product catalogue:
The Competition Law Guide for Trade Associations in Canada
A Carswell webinar in conjunction with West is also available online discussing key highlights from the new book. For more see:
West LegalEdcenter – A Guide to Canadian Competition Law for Trade and other Associations
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Other Publications
The following are our other publications and media appearances:
“The E-books Case: Canadian Developments and Recent Private Action Issues”, Competition Policy International (CPI) – forthcoming (June)
Interviewed – dealReporter – Maple/TMX merger
PowerPoint, Carswell/West online webinar, A Guide to Canadian Competition Law for Trade and other Associations
Academic peer review for a competition law paper, McGill Law Journal
Contribution, British Columbia Real Estate Association, Legal Update, “Canada’s Proposed Federal Anti-Spam Legislation”
Chapter, British Columbia Real Estate Association, Legal Update 2012, “Canadian Competition Law – The New Competition Act – The First Two Years in Force”
Interview – Business News Network (BNN) – Maple/TMX merger
Quoted – Globe and Mail Report on Business: Competition Watchdog presents high hurdles for Maple
Quoted – Globe and Mail Report on Business: “Aitken an ‘aggressive no nonsense Commissioner'”
Quoted – Globe and Mail Report on Business: High hurdles face Maple bid from Competition watchdog
Quoted – CTV News – “Competition watchdog presents high hurdles for Maple”
“Competition Bureau Steps Up Criminal Price-Fixing Investigations in Canada”, with Christine Duhaime, Business in Vancouver (BIV)
“Canada’s New Competition Law: The First Year in Force – How Does It Impact Canadian Professionals?”, with Christine Duhaime
Competition Law and REALTORS: What You Say and Do Matters, competition law compliance book for the Alliance for Canadian Real Estate Education (ACRE) and The Canadian Real Estate Association
“The CREA Abuse of Dominance Case: Competition Bureau Challenges Organized Real Estate in Canada”, Competition Policy International, Antitrust Chronicle: The CREA Abuse of Dominance Case
“New Competition Rules for Trade Associations”, The Lawyers Weekly
Competition Law and Trade Associations, available to trade association clients
“Canada’s New Competition Law”, REM Magazine
“Trade associations face tough new competition rules”, The Lawyers Weekly
“Canada’s New Cartel Law in Force”, CUTS International ReguLetter
Contributor, Competition and Foreign Investment Law in Canada, British Columbia Continuing Legal Education Society course materials
“Canada’s New Criminal Conspiracy Law: U.S.-style Two-Track Regime, Hard Core Offences & Fines up to $25 Million”, CLE BC Continuing Legal Education Society of BC Seminar
Quoted – Fox Business
Quoted – MSN
Quoted – Reuters – China Tells State Companies to Explore Potash Bid
Quoted – Reuters – Analysis: China Posturing on Potash Sector Deals
Quoted – BusinessDay – China Anxious to Block Potash Deal
Quoted – “CREA Seeks Settlement Over MLS Policies”, REM Magazine
“Why India Needs Merger Control Now”, contribution to submission to the Indian government (Derek Ireland author)
“Competition Law & Trade Associations”, Boardwalk newsletter, Associations Plus
“Convergence and Canada’s New Merger Control”, presented at joint WCCG & International Academy of Law, International Conference on Competition Law, Delhi, India
“Canada’s New Competition Law”, presentation, CBA Business Law Subsection, luncheon, Vancouver, Sutton Place Hotel
Quoted – Globe and Mail Report on Business: Telus sues Rogers over ad claims
“China’s Anti-monopoly Law From a Canadian Perspective”, Lexology, with James Musgrove
“Self-regulated professions under Competition Bureau spotlight”, with Sandra Knowler, Association of Corporate Counsel (ACC)
“Is That Really on Sale? – Traps for Unwary Advertisers”, Retail Connections
“Competition Bureau Issues Final Merger Remedies Bulletin”, with Francois Tougas, CCH, Commercial Times Newsletter
“Competition Bureau Appeals Tribunal Decision Allowing Labatt/Lakeport Beer Merger”, with Karl Gustafson, Business in Vancouver (BIV)
“Bureau Appeals Tribunal Decision Allowing Labatt/Lakeport Merger”, Business in Vancouver
“A Canadian View of China’s Anti-monopoly Law”, ABA, International Antitrust Bulletin
“’M’ is for Merger: A Year in Review for Merger Clearance Developments in Canada”, Commercial Times Newsletter
“Hong Kong Poised to Introduce Cross Sector Competition Law”, with James Musgrove
“Hong Kong Poised to Introduce Cross-Sector Competition Law”, ABA International Antitrust Bulletin
“No Deal for B-Filer”, with James Musgrove, Lang Michener Competition & Antitrust Brief
“Reviewing Merger Clearance Developments in Canada”, Lang Michener, In Brief
“Competition Bureau Puts Self-Regulated Professions Under the Gun”, Lawyers Weekly
“Canadian Competition Law & IP”, presentation for Chinese aviation trade delegation
“Canadian Merger Clearance Developments: Considerations in Cross-Border Deals”, Association for Corporate Growth (ACG), Mergers & Acquisitions: The Dealmaker’s Journal
“‘M’ is for merger: a year in review for merger clearance”, with Francois Tougas, Association of Corporate Counsel (ACC)
“Competition Bureau Issues Outline Consent Agreement”, Lang Michener publication
“Competition Bureau Continues to Investigate Self-regulated Professions”, Federated Press
“Self-Regulated Professions Under Bureau Spotlight”, Lang Michener publication
The Competition Act and You, Real Estate Board of Greater Vancouver publication
“Loyalty Programs: the Latest From Canada”, with James Musgrove, American Bar Association (ABA) Tele-seminar
“Competition Bureau Targets Self-Regulated Professions”, Lang Michener publication
“Loyalty Programs and Abuse of Dominance: Canada Pipe”, with James Musgrove, Continuing Legal Education Society of British Columbia, CLE Seminar
“U.S. Supreme Court Antitrust Cases Impact Canadian Business”, Lang Michener publication
“Developments in the Law of Price Maintenance, Refusal to Deal, and Predatory Pricing”, with James Musgrove and Janine MacNeil, for the Continuing Legal Education Society of British Columbia, CLE
“Competition Bureau / Korean FTC Cooperation Agreement”, Lang Michener publication
“Merger Remedies in Canada: Recent Developments”, Lang Michener publication
“Good Marketing or Misleading Advertising?: Competition Bureau Steps-up Enforcement”, Lang Michener
“Grafton Fraser Agrees to Pay $1.2 Million Penalty to Settle Misleading Advertising Case”, Lang Michener publication
Canadian Competition Law and Policy, Casebook, UBC Faculty of Law
“$1.8 Million Settlement in U.S. Gun-Jumping Case: Reviewing Pre-Merger Coordination”, Lang Michener publication
“Is That Really on Sale?: Traps for Unwary Advertisers”, Business in Vancouver (BIV)
“The ‘C’ Files – Top 10 Competition Questions of 2004”, Presentation for CREA Leadership Day
CREA Misleading Advertising Guide, The Canadian Real Estate Association
Competition Law Overview for Leadership, Canadian Real Estate Association publication
Competition Law Compliance Workbook, The Canadian Real Estate Association publication
“Co-operation and Competition: Being Ready for the Competition Bureau from an Association Perspective”, Canadian Bar Association, Annual Fall Conference on Competition Law
Contributor, Competition Law of Canada, Goldberg & Bodrug, eds.
“Reform of the Tribunal’s Procedure: Implications for Due Process”, Canadian Corporate Counsel Association, National Spring Conference, Competition Law: Face the Challenges for 2003, with George Addy and James Doris
“Proposed Public Interest Review for Transportation Mergers”, with John Bodrug
“Enforcing the Unenforceable: Constitutional Challenges to Canada’s Foreign Extraterritorial Measures Act”, with Milos Barutciski
“Litigating Abuse of Dominance Cases After Bill C-23”, with Kent Thomson, Competition Issues in Difficult Times, Anti-Competitive Behaviour and Enforcement in Soft Market, November, 2002, Sheraton Centre, Toronto
“ICPAC and the Road Not Taken”, with Brian Facey, Canadian Bar Association, Annual Fall Conference
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For more information about our regulatory law services contact us: contact
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The following is a list of my presentations and speaking engagements.
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2012 – 2014
Adjunct professor, competition law, University of British Columbia, Faculty of Law (2007 – 2014)
Podcast, Is Your Social Media Contest Breaking The Law, TopDog Social Media
Guest lecture, Canadian misleading advertising law, UBC, Faculty of Law
Instructor, Competition Law and REALTORS, competition law compliance seminars for the Fraser Valley, Greater Vancouver, Vancouver Island, Victoria, South Okanagan, Kamloops real estate boards
Presenter, competition law compliance seminars for British Columbia, Ontario trade associations
Speaker, Strafford webinar, Key Canadian Advertising and Competition Law: Compliance Strategies
Speaker, Canadian Society of Association Executives (CSAE), National Conference 2012, Ottawa, Practical Competition Law and Compliance Case Studies for Trade and Professional Associations
Speaker, What In-house Counsel Need to Know About Recent Competition Law Developments, CBA Canadian Legal Conference, Vancouver, British Columbia (August 13, 2012)
Instructor and course author, Competition Law and REALTORS: What You Say and Do Matters
Speaker, webinar, Carswell, A Guide to Canadian Competition Law for Trade and Other Associations
2009 – 2011
Speaker, BCREA, Instructor Development Workshop, Amendments to the Competition Act & Recent Developments, Whistler, British Columbia
Speaker, BCREA Instructor Development Workshop, Amendments to the Competition Act & Current Issues, Vancouver, British Columbia
Instructor, Competition Law and REALTORS, competition law compliance presentations for the Okanagan Mainline, Kootenay, South Okanagan, Chilliwack real estate boards
Presenter, competition law compliance seminars for British Columbia trade associations
Speaker, lunch and learn seminar, Canadian Competition Law, for a Vancouver business law firm
Speaker, Governing the Use of Social Media in Your Organization, the Canadian Life and Health Insurance Association (CLHIA), Compliance Section Social Media Seminar, Toronto, Ontario
Guest lecture, Canadian competition law, Simon Fraser University
Speaker, Competition Law & REALTORS, pilot for ACRE/CREA national competition law course for REALTORS, BCIT, Vancouver, British Columbia
Conference chair and speaker, Canada’s Competition Act Amendments, Continuing Legal Education Society (CLE) of British Columbia, Vancouver, British Columbia
Speaker, joint International Academy of Law and World Council for Corporate Governance, International Conference on Competition Law: Competition Law – An Effective Instrument for Making Markets Work for Inclusive Growth, Delhi, India
Speaker, Overview of the New Competition Act and the New Investment Canada Act, Canadian Bar Association (CBA) luncheon, BC Branch, Vancouver, British Columbia
2002 – 2007
Speaker, Retail Sales & Competition Law, RetailBC seminar, Vancouver, British Columbia
Speaker, Canadian Competition Law & IP, presentation to a Chinese aviation industry trade delegation, Vancouver, British Columbia
Speaker, Mergers & Acquisitions, Competition Law Developments, Lang Michener presentation, Vancouver, British Columbia
Speaker, Abuse of Dominance & the Canada Pipe Case, Lang Michener presentation, Toronto, Ontario
Speaker, The Competition Act and You, six compliance seminars for members of the Real Estate Board of Greater Vancouver, Vancouver, British Columbia
Guest lecture, Intersection of IP & Competition Law, UBC, Faculty of Law
Guest lecture, Convergence Issues in Competition Policy and Intellectual Property Laws, UBC, Faculty of Law
Speaker, Competition Law Essentials, CLE BC seminar, Vancouver, British Columbia
Speaker, competition law compliance seminars for The Canadian Real Estate Association (CREA)
Speaker, 2005 joint CREA and National Association of REALTORS conference
Speaker, Co-operation & Competition: Being Ready for the Competition Bureau from an Association Perspective, Canadian Bar Association (CBA), Annual Competition Law Conference, Ottawa, Ontario
__________________
For more information about our regulatory law services contact us: contact
For more regulatory law updates follow us on Twitter: @CanadaAttorney
Below are some of my media interviews, articles and columns:
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Quoted, Toronto Star, Competition watchdog ramps up scrutiny of digital giants.
Column, Canadian Lawyer, Should advertising regulators enforce wokeness?
Column, Canadian Lawyer, CRTC ups the CASL liability ante for directors and officers.
Quoted, CBC, Controversial anti-vaccine billboards made headlines in Toronto – so who regulates them?
Column, Canadian Lawyer, New competition bureau immunity and leniency programs alter risk-benefit analysis for applicants.
Quoted, Yahoo! Finance, After 31 years, the biggest Roll up the Rim winner
Competition Policy International (CPI), January, 2017 Blog-o-Blogs
Columnist, Canadian Lawyer (competition and advertising law topics)
Quoted, CBC Radio, competition law class action against Air Canada and WestJet
Quoted, Condo Business, Inquiry puts spotlight on procurement practices
Quoted, Canadian Lawyer, Kellogg Canada agrees to $60,000 fine for alleged anti-spam violation
Quoted, Canadian Lawyer, Competition Bureau targets trade associations
Interviewed, Law Times, on the Competition Bureau’s premium text messaging case
Quoted, Corporate Counsel, Deceptive Pricing Litigation Grows in Canada
Quoted, Canadian Lawyer, Canadians Gearing Up to Go After Spammers in 2017
Quoted, London Free Press, Six Areas of Canadian Law Every Marketers Should Know
Quoted, The Bottom Line (LexisNexis), on the landmark Ottawa bid-rigging IT trial: IT providers acquitted in bid rigging case
Included, Competition Policy International (CPI), Blog-o-Blogs (June 2015): Competition Bureau Makes Major Changes to Canadian Competition Compliance Programs
Interviewed, CBC radio (in 8 markets), on the Google abuse of dominance case in Europe and Canada
Quoted, Canadian Lawyer, Quebec company hit with $1.1 million penalty under CASL
Quoted, CBA National Magazine, Can the rideshare service find salvation in the Competition Act?
Interviewed, PaRR (Policy and Regulatory Report), Supreme Court of Canada’s decision to allow competition law plaintiffs access to Competition Bureau wiretap evidence
Quoted, Canadian Lawyer, on innovation and law: The Next Frontier
Quoted, Canadian Lawyer, Competition Bureau releases process used in reviewing recent mega retail mergers
Assistance/credit with Competition Policy International (CPI), Antitrust Chronicle: “Intersection of Antitrust and Advertising”: CPI
Interviewed – CBC TV – Advertisting law topic (forthcoming)
Interviewed, Policy and Regulatory Report (PaRR), Competition Bureau’s new Communication during Inquiries Bulletin
Interviewed, CBC, on the topic of misleading “free offer” claims
Interviewed, background, CBC, Holcim-Lafarge cement merger
Op Ed, Canadian Lawyer, The Toronto Food Truck Debate: More Competition or Legislated Cartel?
Interviewed, CBC radio, On the Coast, March 12, 2014, on the topics of “price gouging”, abuse of dominance and price regulation in Canada, link: here
Podcast, Is Your Social Media Contest Breaking The Law (TopDog Social Media)
Quoted, Canadian Lawyer, Rogers Escapes Steep Fine
Quoted, Canadian Lawyer, It’s a ‘tragedy’ but business is about the work, not the brand
Interviewed, Blacklock’s Reporter, Google search case in Canada
Quoted, Canadian Lawyer, Six months to prepare for ‘overkill’ CASL legislation
Interviewed, CBC Go Public, Contests and deceptive prize notices
Quoted, Creditcards.com, Beware “buy now, pay later” ads
Quoted, Creditcards.com, Dealing With Deceptive Credit Card Advertisements
Quoted, Law Times, Focus: Is Verizon’s Retreat a Small Victory in Losing War for Incumbents?
Quoted, Canadian Lawyer, Competition Bureau promises whistleblower protection, more transparency
Quoted, Canadian Lawyer, Competition Bureau Has No Beef With Hog Deal
Interviewed, dealReporter, implications of CNOOC/Nexen transaction, new Investment Canada SOE rules
Quoted, Global Legal Post, “Canadian Authorities Conflict Over Competition Crack-Down”
Quoted, Canadian Lawyer Magazine, Feds Get Tough on White-collar Crimes
Quoted, Lawyers Weekly, “Judge urges tougher price-fixing penalties”
Competition Policy International, Blog o’ Blogs
Competition Policy International, Blog o’ Blogs
Quoted, Financial Post, Fallout From Libor Scandal Likely to Hit Canada’s Financial Industry
Interviewed, Dave Rutherford Show, QR 77, Target’s expansion into Canada (Heritage Canada cultural review)
Interviewed, dealReporter, Maple/TMX merger
Business News Network (BNN) – Maple/TMX merger (interview)
Quoted, Globe and Mail, Report on Business, Competition Watchdog presents high hurdles for Maple
Quoted, Globe and Mail, Report on Business, “Aitken an ‘Aggressive, No Nonsense Commissioner'”
Quoted, Globe and Mail, Report on Business, High hurdles face Maple bid from Competition watchdog
Quoted, CTV News, “Competition Watchdog Presents High Hurdles for Maple”
Quoted, Fox Business, China Tells State Companies to Explore Potash Bid
Quoted, Reuters, China Tells State Companies to Explore Potash Bid
Quoted, Reuters, Analysis: China Posturing on Potash Sector Deals
Quoted, BusinessDay, China Anxious to Block Potash Deal
Quoted, REM Magazine, CREA Seeks Settlement Over MLS Policies
Quoted, Globe and Mail, Report on Business, Telus Sues Rogers Over Ad Claims
_____________________
For more information about my regulatory law services: contact
For more regulatory law updates follow me on Twitter: @CanadaAttorney
2013
Conference Board of Canada (Michael Grant), “Saskatchewan’s Growth Requires Billions in New Investment Capital”
University of Calgary, School of Public Policy (D. Chen), “China’s State-Owned Enterprises: How Much Do We Know? From CNOOC to its Siblings”
IRPP report, D.H. Assaf & R.A. McGillis, “Foreign Direct Investment and the National Interest: A Way Forward”
Y. Bao & G. Houlden, University of Alberta, China Institute, “The Evolution of China’s Energy Institutions” [includes discussion of Chinese SOEs]
University of Alberta, China Institute, A Look at the Net Benefit Test – Old and New: In Search of an Alberta Perspective with the China Market in Mind (R. MacIntosh)
N. Veldhuis, Fraser Institute, Comprehensive Review of the Investment Canada Act Desperately Needed
2012
Industry Canada, Guideline, Statement Regarding Investment by Foreign State-Owned Enterprises [New Industry Canada Policy Statement]
Industry Canada, Guideline, Guidelines – Investment by State-owned Enterprises – Net Benefit Assessment [New Industry Canada SOE Guidelines]
Dr. D. Ireland, “The CNOOC/Nexen Transaction in Canada: The Very Tip of a Very Large Future Iceberg – The Competition Issues Raised by State-Owned and Other Enterprises and Business Groups”
E. Downs, Brookings Institution, “China, Iran and the Nexen Deal”
CSIS, Public Report 2010-2011 [disusses Investment Canada Act, SOEs, national security]
C.D. Howe Institute report, Speed Dating or Serious Courtship? Canada and Foreign State-owned Enterprises
OECD, Working Paper, Unleashing Business Innovation in Canada
DBRS, Oil & Gas Industry Study: China Increases Investment in Canada: Statistical Review of Credit Metrics, 2007 to 2012 Q2
Canadian Government (Foreign Affairs and International Trade Canada), Canada-China Economic Complementarities Study
Canadian Security Intelligence Service, Public Report 2010-2011
J. Smart, University of Calgary, Dancing With the Dragon: Canadian Investment in China and Chinese Investment in Canada
Canadian Council of Chief Executives (CCCE), A Canadian National Economic Strategy for Asia
Michael Hart, C.D. Howe Institute, Breaking Free: A Post-Mercantilist Trade and Productivity Agenda for Canada
Canadian Council of Chief Executives (CCCE), Canada in the Pacific Century (Canada/Asia trade papers): papers
CBA, Letter to Parliamentary and Senate Standing Committees on Finance/National Finance, Bill C-38, Part 4, Division 28 – Investment Canada Act Amendments
Industry Canada, Annual Report 2009 – 2010
Australia-Canada Trade Investment Study
CCCE / Australia-Canada Investment Study
Saskatchewan Government, Review of the Proposed Glencore Acquisition of Viterra and Related Assets
Government of Canada, Budget 2012
CCCE, Chinese Foreign Direct Investment in Canada: Threat or Opportunity?
Margaret Cornish, Behaviour of Chinese SOEs: Implications for Investment and Cooperation in Canada
Federal Government trade delegation to China, documents
Canadian Chamber of Commerce, Advancing Our Economic Ties With China: Three Priorities for Canadian Business
ForestEthics, Who Benefits? An Investigation of Foreign Investment in the Tar Sands
2011
P. Bergevin and D. Schwanen, C.D. Howe Institute, Reforming the Investment Canada Act: Walk More Softly, Carry a Bigger Stick
Conference Board of Canada, Inward FDI Attraction: Is Canada Attracting Its “Fair” Share of Inward FDI?
Canadian Chamber of Commerce, Submission to the House of Commons Standing Committee on Industry, Science and Technology on its Study of the Investment Canada Act
Julie Jiang and Jonathan Sinton, International Energy Agency, “Overseas Investments by Chinese National Oil Companies”
Pascale Massot, Chinese State Investments in Canada: Lessons from the Potash Saga, Asia Pacific Foundation of Canada
Parliament of Canada, Foreign Investment in Canada: The Net Benefit Test
2010
Michael Holden, International Affairs, Trade and Finance Division, Canadian Trade and Investment Activity: Canada-China
Marc LeBlanc, Industry, Infrastructure and Resources Division, Parliament of Canada, “Sovereign Wealth Funds: International and Canadian Policy Responses”
Walid Hejazi, Dispelling Canadian Myths about Foreign Direct Investment
William K. Carroll, Jerome Klassen, Hollowing Out Corporate Canada? Changes In The Corporate Network Since the 1990s
Canadian Heritage, Report on the Administration of the Investment Canada Act (Canadian Heritage)
Saskatchewan Chamber of Commerce, Investment Canada Act and “Net Benefit”
2007 – 2009
CBA, National Competition Law Section, Investment Canada Regulation Amendments and National Security Review of Investments Regulations (2009)
Canadian Chamber of Commerce, Submission on the Regulations Amending the Investment Canada Regulations and National Security Review Regulations (2009)
Competition Policy Review Panel, Compete to Win: Final Report (2008)
Andrew Sharpe and Meghna Banerjee, Assessing Canada’s Ability to Compete for Foreign Direct Investment (2008)
Institute for Competitiveness & Prosperity, Assessing the Economic Impact of Head Offices in City Regions (2008)
Roger Martin and James Milway, Assessing the Potential Impact of a National Champions Policy on Canada’s Competitiveness (2008)
Keith Acheson, Canadian Foreign Direct Investment Policy and the Cultural Industries (2008)
Robert Crandall, Eliminating Foreign Investment Restrictions in Canada’s Telecommunications/Broadcast Sector (2008)
Steven Globerman, An Evaluation of the Investment Canada Act and its Operations (2008)
Dr. Dane Rowlands, Formal and Informal Barriers to Canadian FDI (2008)
Walid Hejazi, Inward Foreign Direct Investment and the Canadian Economy (2008)
Andrea Mandel-Campbell, Conference Board of Canada, “Foreign Investment Review Regimes: How Canada Stacks Up” (2008)
Keith Head and John Ries, Head Office Location: Implications for Canada (2008)
Derek Ireland, Implications of the BRIC Economies for Canadian Trade and Invesment (2008)
American Bar Association, Sections of Antitrust and International Law, Joint Submission in Response to the Request for Comments by the Canadian Competition Policy Review Panel (2008)
Don McFetridge, The Role of Sectoral Ownership Restrictions (2008)
Government of Alberta, Submission, Sharpening Canada’s Competitive Edge: A Consultation Paper Issued by the Competition Policy Review Panel, October 30, 2007 (2008)
L.R. Wilson, et al., Competition Policy Review Panel, Sharpening Canada’s Competitive Edge (2007)
Michael Holden, Economics Division, Parliament of Canada, The Foreign Direct Investment Review Process in Canada and Other Countries (2007)
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Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
