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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.

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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.

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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. 

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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.

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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).

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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.

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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.

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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.

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    buy-contest-form Templates/precedents and checklists to run promotional contests in Canada

    buy-contest-form Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)

    WELCOME TO CANADIAN COMPETITION LAW! - OUR COMPETITION BLOG

    We are a Toronto based competition, advertising and regulatory law firm.

    We offer business, association, government and other clients in Toronto, Canada and internationally efficient and strategic advice in relation to Canadian competition, advertising, regulatory and new media laws. We also offer compliance, education and policy services.

    Our experience includes more than 20 years advising companies, trade and professional associations, governments and other clients in relation to competition, advertising and marketing, promotional contest, cartel, abuse of dominance, competition compliance, refusal to deal and pricing and distribution law matters.

    Our representative work includes filing and defending against Competition Bureau complaints, legal opinions and advice, competition, CASL and advertising compliance programs and strategy in competition and regulatory law matters.

    We have also written and helped develop many competition and advertising law related industry resources including compliance programs, acting as subject matter experts for online and in-person industry compliance courses and Steve Szentesi as Lawyer Editor for Practical Law Canada Competition.

    For more about us, visit our website: here.