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August 15, 2014

CBC has reported that Canada’s Conservative Government still plans to introduce new competition rules in Canada to address the “Canada-U.S. price gap”. Despite significant criticism from Canadian businesses, competition law practitioners and other policy commentators (see for example the CD Howe Institute’s two companion reports recommending that the proposal be abandoned: here and here and my own comments here), according to CBC the Conservatives “intend to move forward on it in due course” and see it as a “budget commitment”.

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July 22, 2014

In an interesting case that caught my eye yesterday and today, the U.S. Federal Trade Commission (FTC) has proposed a settlement in a case involving allegations that an online bar code re-seller engaged in an “invitation to collude” under Section 5 of the U.S. FTC Act. See: Different methods, same old antitrust problem and Two barcode resellers settle FTC charges that principals invited competitors to collude.

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July 22, 2014

Guest post
(Steve J. Cernak, Gregory L. Curtner, William M. Hannay – Schiff Hardin)

FTC Action Shows All Commissioners Agree That Section 5 Liability Can Follow Competitor Communications On Price Even When No Agreement Is Reached

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July 19, 2014

In Canada, the United States and many other open western and eastern economies we fortunately live in free markets. That is to say companies in any sector can enter, devise a new product (or improve on an existing products), compete and reap the free market rewards of doing so – with risk comes reward.

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Do you need contest rules/precedents
for a Canadian contest?

We offer many types of Canadian contest/sweepstakes law precedents and forms (i.e., Canadian contest/sweepstakes law precedents to run common types of contests in Canada).  These include precedents for random draw contests (i.e., where winners are chosen by random draw), skill contests (e.g., essay, photo or other types of contests where entrants submit content that is judged to enter the contest or for additional entries), trip contests and more.  Also available are individual Canadian contest/sweepstakes precedents, including short rules (“mini-rules”), long rules, winner releases and a Canadian contest law checklist.  For more information or to order, see: Canadian Contest Law Forms/Precedents.  If you would like to discuss legal advice in relation to your contest or other promotion, contact us: Contact.

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In Canada, “competition law” overlaps with advertising and marketing law. One of the reasons for this is because the federal Competition Act in Canada includes a number of advertising and marketing law sections, including some specific provisions relating to promotional contests. (Though of course contests in Canada can involve a number of other areas of law including: contract law, the Criminal Code, privacy law, intellectual property law and now Canada’s recently in force anti-spam law – CASL.)

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July 11, 2014

Well summer is here and I have to admit that my blog output has slowed a bit (and likely will through the summer). Nevertheless, on my daily media and competition authorities sweep earlier I read what I thought was a rather interesting note by the Irish Competition Authority on collective action by voluntary trade associations: What’s the story … with the IMO representing their members?.

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July 11, 2014

The OECD has posted the papers from its recent (October 2013) discussion of ex officio cartel investigations and the use of screens to detect cartels.

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July 2, 2014

Each morning, before I begin ‘real work’, I usually spend a little time on an Internet sweep of interesting advertising and competition law cases that have developed overnight or come into my inbox.

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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.