January 15, 2020
One of the most common questions that we see and answer in our practice is whether price gouging is an offence under Canadian competition law (e.g., under the federal Competition Act). This question often arises in relation to gas prices or other high-impact consumer products (e.g., telecom/wireless services or grocery stores).
January 12, 2020
Over the past several years, competition enforcement agencies have been increasing their scrutiny of false and misleading influencer marketing. The U.S. Federal Trade Commission (FTC) initially led the charge in terms of guidance and enforcement, which included its Endorsement Guides, Endorsement Guides FAQs and warning letters to brands and influencers to improve their social media endorsement disclosures. This was accompanied by enforcement in some cases.
January 1, 2020
Practical Law Canada has published a New Legal Update, which discusses the Competition Bureau’s new guidelines for influencer advertising. While the Bureau’s new guidelines largely reiterate previous guidance provided by the Bureau, its announcement also suggests increasing scrutiny on not only influencers that fail to comply with the Competition Act, but also brands and agencies. In this regard, the Bureau issued close to 100 letters to brands and marketing agencies advising them to comply with the Competition Act. Below is an excerpt with a link to the full Legal Update at Practical Law.
January 1, 2020
Competition law (or “antitrust law” as it is referred to in the United States) generally includes a range of local and federal legislation, case law and enforcement agency policies that restrict in part free markets aimed at preventing or regulating activities that prevent or substantially impact competition. In general, Canadian and international competition/antitrust laws are focused on protecting competition and not individual competitors.
September 10, 2019
In my new Canadian Lawyer column, I take a look at two recent U.K. ASA advertising decisions with potential implications for Canada. Below is an excerpt with a link to my column.
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In an interesting development, two ads were recently banned under new gender stereotyping in advertising rules recently implemented by the U.K. Advertising Standards Authority. The ASA, the U.K.’s member-based independent advertising regulator, introduced its new gender stereotyping advertising rules in June after consultations with industry and a report entitled Depictions, Perceptions and Harm. The ASA’s new rule, which applies to all broadcast and non-broadcast media, including online claims and social media, prohibits gender stereotypes in advertising “that are likely to cause harm, or serious or widespread offence.”
August 22, 2019
Practical Law Canada has published a New Legal Update, which discusses key requirements of competition law compliance programs in Canada, in light of the U.S. Department of Justice’s recent shift to align its approach to recognizing compliance programs with Canada. Below is an excerpt with a link to the full Legal Update at Practical Law.
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 18, 2019
Canada’s federal anti-spam legislation (CASL) came into force more than five years ago. Since then, marketers and their advisors have been working to comply with what remains a complex and difficult law with a number of outstanding uncertainties in key areas.
July 17, 2019
Practical Law Canada has published a New Legal Update, which discusses the recent decision by the Canadian Government to approve, subject to conditions pursuant to the Canada Transportation Act, the merger of First Air and Canadian North airlines in northern Canada. This approval is notable in that it comes after a Competition Bureau report that concluded that the merger would be anticompetitive. As such, this case highlights the two-track merger review regime in Canada for certain transportation sector mergers and serves as an important reminder that the federal Cabinet, not the Competition Bureau, has the ultimate authority regarding whether to approve such mergers.
Below is an excerpt with a link to the full Update.
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
