November 6, 2018
In a recent decision handed down by the Alberta Court of Queen’s Bench, in Dow Chemical Canada ULC v. NOVA Chemicals Corporation, 2018 ABQB 482 (“Dow Chemical”), the Court established both new law and confirmed earlier case law under sections 45 and 90.1 of the federal Competition Act (the conspiracy and civil agreements provisions of the Act).
October 15, 2018
My new Canadian Lawyer column discusses the Canadian Competition Bureau’s newly updated Immunity and Leniency Programs.
June 20, 2018
The Ontario Court of Appeal recently issued a significant decision in Mancinelli v. Royal Bank of Canada, 2018 ONCA 544 (C.A.), in which the Ontario Court of Appeal clarified the application of the discoverability principle to the limitation period for private actions commenced under section 36 of Canada’s Competition Act, R.S.C. 1985, c. C-34 (the “Act”) (the section of the Competition Act under which private actions and class actions for violations of the criminal offences of the Act are commenced).
June 5, 2018
The Competition Bureau (Bureau) has published the fourth volume of its Deceptive Marketing Practices Digest (Marketing Digest), which provides guidance from the Bureau on influencer marketing, “Made in Canada” claims and savings claims (see Bureau releases Deceptive Marketing Practices Digest Volume 4).
May 27, 2018
Testimonials and endorsements (i.e., where a brand uses an expert, celebrity or other person to endorse their product) are both increasingly popular and increasingly being scrutinized by regulators, including the Canadian Competition Bureau (Bureau) and U.S. Federal Trade Commission (FTC). While the Competition Act, which is the primary legislation governing misleading advertising in Canada, does not contain any specific provisions relating to, for example, the disclosure of material connections, testimonials/endorsements that are false or misleading can nonetheless violate the Act.
May 25, 2018
Practical Law Canada Competition has published a new Legal Update, which discusses the recent decision by the Canadian Government to block the proposed takeover of Canadian construction firm Aecon by China’s CCCI on national security grounds under the federal Investment Canada Act. Below is an excerpt with a link to the full Update.
May 23, 2018
The term of Canada’s current Commissioner of Competition, John Pecman, ends soon. In this respect, the CD Howe Institute’s Competition Policy Council is making two general recommendations for the mandate of the next Commissioner in its new Communiqué entitled Help Wanted: Priorities for a New Competition Commissioner: first, improve the timeliness and efficiency of the Bureau’s operations; and second, ensure that the new Commissioner vigorously pursues his or her mandate to act as an independent, strong and relevant public advocate for competition.
May 22, 2018
Practical Law Canada Competition has published a new Legal Update, which discusses the Competition Bureau’s revised draft Immunity and Leniency Programs, which were recently re-issued for a second time in draft form for public consultation. 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)
