June 23, 2020
Practical Law Canada has published a New Legal Update, which discusses recent settlements of bid-rigging cases under section 47 of the Canadian Competition Act under the Act’s prohibition order section, which offers a number of advantages for settling parties. Below is an excerpt with a link to the full Legal Update at Practical Law.
June 22, 2020
Practical Law Canada has published a New Legal Update, which discusses the recent decision by the House of Commons Standing Committee on Industry, Science and Technology to invite representatives of three major Canadian grocery chains to “explain their decision to cancel, on the same day, the modest increase in wages for front-line grocery store workers during the pandemic, including how those decisions are consistent with competition law.” Below is an excerpt with a link to the full Legal Update at Practical Law.
May 15, 2020
Over the past several weeks, a marketing law trend that is emerging in my practice has been increased demand to work on destination marketing contests (i.e., contests promoting trips, vacations and adventures to particular destinations). This may seem slightly counterintuitive, but I have been contacted by several brands and local and international governments in relation to destination contests, presumably anticipating an easing of local and international COVID-19 travel and other restrictions.
April 14, 2020
My new Canadian Lawyer column discusses recent price gouging and deceptive marketing law enforcement in Canada. Some of the issues raised include speed of enforcement, political statements in light of actual enforcement and transparency in relation to warnings and penalties. My new column compares enforcement efforts in Canada – both at the provincial and federal levels – with the United States. Below is an excerpt with a link to my full column.
May 6, 2020
On May 6, 2020, the Competition Bureau (Bureau) announced that it was increasing its enforcement of deceptive COVID-19 marketing claims (see: Competition Bureau cracking down on deceptive marketing claims about COVID-19 prevention or treatment).
April 21, 2020
Practical Law Canada has published a New Legal Update, which discusses the Canadian government’s April 18, 2020 Policy Statement, which provides for increased scrutiny of certain foreign investments in Canada under the federal Investment Canada Act during the COVID-19 pandemic. Below is an excerpt with a link to the full Legal Update at Practical Law.
April 8, 2020
During the COVID-19 outbreak, the Canadian Competition Bureau (Bureau) has been issuing new guidance in relation to its key enforcement priorities, primarily in relation to competitor collaborations and deceptive advertising (see: Statement from the Commissioner of Competition regarding enforcement during the COVID-19 coronavirus situation). In this respect, on April 8, 2020, the Bureau issued new detailed guidance relating to its enforcement approach for competitor collaborations. The Bureau also announced that it would be offering informal guidance specifically relating to competitor collaborations formed during the COVID-19 outbreak. See: Competition Bureau statement on competitor collaborations during the COVID-19 pandemic.
April 8, 2020
Practical Law Canada has published a New Legal Update, which discusses product performance claims under the Competition Act and the Competition Bureau’s increased enforcement focus on performance claims that are not supported by adequate and proper testing. The Legal Update also includes an overview of the test for performance claims under the Competition Act, recent enforcement guidance and key areas of risk. Below is an excerpt with a link to the full Legal Update at Practical Law.