December 3, 2020
Practical Law Canada Competition (of which I am Lawyer Editor) has published a new Legal Update, which discusses the Competition Bureau’s (Bureau) recent statement on no-poaching and wage-fixing agreements between competing employers. Such agreements have increasing been the subject of debate following U.S. enforcement in relation to tech company no-poaching agreements, enforcement guidance issued by the U.S. Department of Justice and Federal Trade Commission and, in Canada, questions including by Parliamentarians whether grocery chain decisions to cut employee wages violated the federal Competition Act. Contrary to the guidance issued by U.S. antitrust enforcement agencies, Canada’s Bureau has taken the narrower position that no-poaching and wage-fixing agreements between employers can be challenged civilly under section 90.1 of the Competition Act but not criminally under section 45 of the Act. Below is an excerpt with a link to the full Legal Update.
November 21, 2020
Practical Law Canada Competition (of which I am Lawyer Editor) has published a new Legal Update, which discusses recent enforcement by the Competition Bureau against an ice hockey helmet manufacturer in relation to allegedly unsupported performance claims. The Legal Update includes an overview of the case, requirements imposed by the Competition Act on product or service performance claims and implications for advertisers.
November 4, 2020
Practical Law Canada Competition (of which I am Lawyer Editor) has published a new Legal Update, which discusses highlights of the Commissioner of Competition’s address on October 21, 2020 at the Canadian Bar Association’s annual competition law conference, which took the form of an online symposium this year. The Commissioner focused on the Competition Bureau’s challenges and priorities during the COVID-19 pandemic. Below is an excerpt with a link to the full Legal Update.
November 1, 2020
Are you planning to run a contest/sweepstakes in Canada to promote your business (or a client’s business) and need sophisticated Canadian legal precedents? I have developed a number of legal precedents and forms for running common types of promotional contests in Canada, excluding Quebec (commonly referred to “sweepstakes” in the United States).
October 1, 2020
Practical Law Canada has published a New Legal Update, which discusses the Canadian Government’s temporary extension, effective from July 31, 2020 to the end of 2020, of the national security review timelines under the Investment Canada Act. In addition to its immediate impact, this extension should also be understood more broadly as consistent with the increasingly important role of national security reviews.
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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August 21, 2020
During the COVID-19 epidemic, one marketing development that I have noticed is an increased effort to promote destination marketing, including through promotional contests. In this regard, I have acted for several countries assisting them with their destination marketing related promotions. My new Canadian Lawyer column discusses some of the key aspects of running destination marketing contests in general, as well as some more specific e-mail related marketing challenges in Canada (i.e., CASL issues) that should be taken into account for such promotions. Below is an excerpt with a link to my full Canadian Lawyer column.
August 10, 2020
Practical Law Canada has published a New Legal Update, which discusses the Competition Bureau’s revised Competitor Collaboration Guidelines. This Update includes an overview of sections 45 and 90.1 of the Competition Act, a summary of the Bureau’s key proposed changes and implications for collaborations between competitors.
July 16, 2020
Practical Law Canada has published a New Legal Update, which discusses the Competition Bureau’s recent open letter to Ontario’s Minister of Government and Consumer Services advocating for increased disclosure in Ontario rental appliance contracts. This Update includes an overview of the Bureau’s letter, summary of the regulation of rental appliance contracts in Ontario and the Bureau’s key recommendations. This Update also includes key deceptive marketing risks for rental appliance suppliers under the Competition Act. Below is an excerpt with a link to the full Legal Update at Practical Law.
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
