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June 27, 2019

On June 27, 2019, the Competition Bureau (Bureau) announced that Ticketmaster L.L.C., TNow Entertainment Group, Inc. and Ticketmaster Canada LP have agreed to pay a $4 million penalty and $500,000 of the Bureau’s costs relating to allegedly misleading online ticket sale pricing claims. See Ticketmaster to pay $4.5 million to settle misleading pricing case.

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Are you running a promotional contest or sweepstakes in Canada?  We offer a range of Canadian contest/sweepstakes law precedents and forms (i.e., Canadian contest/sweepstakes law precedents/forms for running common types of contests in Canada). These include legal precedents for random draw contests (i.e., where winners are chosen at random by draw) and skill contests (e.g., essay, photo or other types of contests or promotions where entrants must submit content that is judged to enter or to obtain additional entries).

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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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June 18, 2019

The Canadian Radio-television and Telecommunications Commission (CRTC), which is one of three Canadian agencies responsible for enforcing Canada’s federal anti-spam legislation (CASL), has begun issuing periodic summaries of its enforcement activities.  In its most recent update on June 17, 2019, the CRTC provided an update on enforcement steps for the six-month period from October 1, 2018 and March 31, 2019 (see: Enforcing Canada’s Anti-Spam Legislation (CASL)).  Several key highlights from the CRTC’s recent CASL spam related enforcement efforts include:

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June 11, 2019

Practical Law Canada has published a New Legal Update, which discusses recent Competition Bureau (Bureau) and policy changes relating to the digital economy in Canada. This new Update includes key points from recent Commissioner of Competition speeches, media interviews and conferences hosted by the Bureau and OECD.

Below is an excerpt with a link to the full Update.

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May 15, 2019

Practical Law Canada has published a New Legal Update, which discusses an important recent Ontario Court of Appeal decision relating to the regulated conduct defense (RCD) and restrictions on beer marketing in Ontario.  Practical Law Canada’s update includes an overview of the RCD, key findings of the Court of Appeal and some implications for private plaintiffs and others seeking to invoke this defense.

Below is an excerpt with a link to the full Update. Read the rest of this entry »

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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May 6, 2019

My new Canadian Lawyer column discusses the increased potential liability for directors and officers of companies that violate Canada’s federal anti-spam legislation (CASL).  Recently the CRTC, which jointly regulates Canada’s anti-spam legislation (together with federal privacy and competition law regulators), has both commenced enforcement against directors and officers of companies engaged in alleged illegal electronic marketing and issued detailed (and, for companies, troubling and challenging) guidelines relating to third party liability for CASL violations. These important CRTC developments need to be carefully reviewed by both directors and officers of companies engaged in electronic marketing, as well as third parties (e.g., marketing and advertising agencies) that are assisting companies in their electronic marketing campaigns.

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March 12, 2019

Practical Law Canada has published a New Legal Update, which discusses the updated Abuse of Dominance Enforcement Guidelines issued by the Competition Bureau.  This Update includes a summary of key changes, updates based on the landmark Toronto Real Estate Board abuse of dominance case, as well as shifts in the Bureau’s abuse of dominance related enforcement policies.

Below is an excerpt with a link to the full Update.

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January 29, 2019

Practical Law Canada has published a New Legal Update, which discusses recent Competition Bureau advocacy efforts in British Columbia’s liquor sector.  In addition to the ability to commence informal and formal investigations and bring proceedings before the Competition Tribunal and courts, the Bureau may also (and increasingly does) engage in advocacy to encourage more competition in key sectors.  Such efforts by the Bureau supplement its other enforcement powers where, for example, it does not have the ability to rely on its enforcement tools under the Competition Act (e.g., in provincially or federally regulated markets).  In addition to being another avenue for the Bureau to encourage competitive Canadian markets, its advocacy powers also offer market participants an additional potential avenue of remedies to address anti-competitive activities.

Below is an excerpt with a link to the full Update.

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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.