January 23, 2010
Steve Szentesi will be chairing and speaking and Tom Hakemi will be speaking at an upcoming CLE BC competition law seminar on March 18, 2010 in Vancouver at the Coast Coal Harbour Hotel: Canada’s New Competition & Foreign Investment Law 2010. This upcoming half day practitioner-oriented seminar, which will be held one week after the final amendments to Canada’s Competition Act come into force, will review the major changes to Canada’s competition and foreign investment law regimes.
January 23, 2010
CANADA’S NEW CARTEL RULES:
NEW TWO TRACK REGIME, HARD CORE OFFENCES & FINES UP TO $25 MILLION
Effective March 12, 2010, parties that contravene Canada’s new criminal cartel rules under the federal Competition Act (the “Act”) will potentially be exposed to fines of up to Cdn. $25 million and/or imprisonment for up to 14 years. The impending changes to Canada’s criminal conspiracy regime are the most significant since Canada introduced competition law in 1889. The upcoming changes will impact organizations and individuals in a variety of business sectors, including trade associations and businesses involved in joint venture, franchise, licensing, research and development and dual distribution agreements, among others. This update discusses some of the highlights of the new rules and impacts on Canadian and international organizations and their managers.
Unsubscribe mechanism (CASL).
In addition to consent and identification requirements, Canada’s federal anti-spam legislation (CASL) also requires that commercial electronic messages (CEMs) include an easy unsubscribe mechanism. The specific requirements for a CASL-compliant unsubscribe include: (i) CEMs must include an unsubscribe mechanism; (ii) the unsubscribe mechanism must be set out clearly and prominently; (iii) the unsubscribe mechanism specifies and electronic address or web link where the unsubscribe request can be made (links must be valid for a minimum of 60 days after the message is sent); (iv) for SMS messages, users can choose between replying “STOP” or “Unsubscribe” or by clicking a link to a web page to unsubscribe from some or all messages; (v) recipients can unsubscribe by clicking a link or via a web page where they are given options for unsubscribing from some or all messages; (vi) recipients that request to be unsubscribed are unsubscribed within 10 business days; and (vii) the unsubscribe mechanism can be readily performed and is simple, quick and easy.
For more information about CASL, see: CASL (Anti-Spam Law), CASL Compliance, CASL Compliance Tips, CASL Compliance Errors, CASL FAQs, Contests and CASL.
For more information about the CASL compliance checklists and precedents that we offer for sale, see: CASL Compliance Checklists and Precedents.
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SERVICES AND CONTACT
We are a Toronto based competition and advertising law firm offering business and individual clients efficient and strategic advice in relation to competition/antitrust, advertising, Internet and new media law and contest law. We also offer competition and regulatory law compliance, education and policy services to companies, trade and professional associations and government agencies.
Our experience includes advising clients in Toronto, Canada and the United States on the application of Canadian competition and regulatory laws and we have worked on hundreds of domestic and cross-border competition, advertising and marketing, promotional contest (sweepstakes), conspiracy (cartel), abuse of dominance, compliance, refusal to deal and pricing and distribution matters. For more information about our competition and advertising law services see: competition law services.
To contact us about a potential legal matter, see: contact
For more information about our firm, visit our website: Competitionlawyer.ca
January 14, 2010
Significant amendments were recently made to Canada’s federal Competition Act (the “Act”) including the introduction of a new U.S.-style two-stage merger control regime. This update discusses Canada’s new merger control rules and their impact on domestic and cross-border transactions.
December 24, 2009
On December 23, 2009, the Competition Bureau (the “Bureau”) issued its final Competitor Collaboration Guidelines (the “Collaboration Guidelines”). The Collaboration Guidelines, which have been issued to coincide with the upcoming coming into force of Canada’s new criminal conspiracy rules and replace the Bureau’s earlier Strategic Alliances Guidelines, set out the Bureau’s enforcement approach to Canada’s new two-track criminal conspiracy regime under sections 45 and 90.1 of the federal Competition Act (the “Act”).
Coming soon.
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SERVICES AND CONTACT
We are a Toronto based competition and advertising law firm offering business and individual clients efficient and strategic advice in relation to competition/antitrust, advertising, Internet and new media law and contest law. We also offer competition and regulatory law compliance, education and policy services to companies, trade and professional associations and government agencies.
Our experience includes advising clients in Toronto, Canada and the United States on the application of Canadian competition and regulatory laws and we have worked on hundreds of domestic and cross-border competition, advertising and marketing, promotional contest (sweepstakes), conspiracy (cartel), abuse of dominance, compliance, refusal to deal and pricing and distribution matters. For more information about our competition and advertising law services see: competition law services.
To contact us about a potential legal matter, see: contact
For more information about our firm, visit our website: Competitionlawyer.ca
December 19, 2009
The Ontario Superior Court has imposed a record CDN $15 million fine against Toronto-based company DataCom Marketing Inc., which operated a business directory scam targeting U.S. and Canadian businesses.
December 15, 2009
As a result of recent landmark amendments to the federal Competition Act (the “Act”), the impact of competition law on trade associations in Canada is now much more significant. This article discusses some of the highlights of Canada’s new competition law and the impacts of the new criminal conspiracy provisions that will come into force in March, 2010.
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
