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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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These days, running a contest invariably means social media (or multiple social media) and typically Facebook and Twitter.  So when I talk to clients about the promotions they have in mind, I often start (or almost start) the discussion with how they want to promote their contest.

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January 7, 2014

In an interesting advocacy letter published yesterday, and reminiscent of parallel wireless competition issues in Canada (and also discussed in the letter), the American Antitrust Institute has urged the U.S. DoJ and FCC to oppose any potential Sprint/T-Mobile merger.  Also somewhat reminiscent of Canada, the AAI argues, among other things, that the U.S. needs at least four major wireless players (and in the U.S. case, that T-Mobile has emerged as a maverick following the blocked AT&T/T-Mobile deal in 2011).   I thought this was an interesting advocacy piece both in terms of its discussion of the U.S. wireless market and current parallels and discussion of similar issues in Canada: AAI Urges the DoJ and FCC to Prevent Emerging Wireless Competition From Being Smothered in the Cradle.

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January 6, 2014

On December 4, 2013, the Federal Government announced that Canada’s new anti-spam legislation (CASL) would finally largely come into force on July 1, 2014 (with several transition periods for the unauthorized installation of computer program and private action provisions).  The following is my updated summary of the impending CASL, including summaries of the consent, form and unsubscribe requirements (and legislative links and key resources).

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January 4, 2014

Strategies for discouraging and enforcement against competition law cartels (e.g., price-fixing, market allocation, bid-rigging and other illegal agreements between competitors) have ranged from promoting compliance programs to competition agency immunity and leniency programs to increasing cartel penalties to deter anti-competitive agreements that interrupt the natural operation of markets.  Price-fixing and other cartel agreements however, it seems from recent enforcement agency statistics both in Canada and elsewhere, continue to flourish despite such strategies. Addressing this issue, this interesting new article by Constantine Cannon (entitled Bring in the Whistleblowers and Pay Them) queries whether paying corporate whistleblowers for disclosing illegal cartel activities makes more sense than, for example, incentivizing parties to report and cooperate with authorities with the promise of  immunity or leniency. Abstract:

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January 3, 2014

Earlier today, the Canadian Corporate Counsel Association (CCCA) published a new edition of its CCCA Magazine.   Included is a quite good article on competition law compliance entitled “Competition law: How to stay out of trouble” (sub-title: “How a robust antitrust compliance program can keep your company out of trouble”).

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January 2, 2014

On my daily media sweep earlier today, this interesting Competition Bureau contribution to an OECD study on competition and gasoline caught my eye (OECD Policy Roundtables – Competition in Road Fuel (2013)).  Given Canadian consumers’ apparent continued consternation with gas prices, this is a fairly interesting and timely read I thought.

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January 1, 2014

A few days ago this very good blog post by Jarod Bona caught my eye outlining some of the basic considerations for a competition law compliance policy.  Given that many of the same competition law considerations apply on this side of the border, including when dealing with competitors, participating in associations, preparing for a merger and joint ventures, I thought this would be a good compliance piece to reprint here (reprinted with permission).

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December 21, 2013

Yesterday, Canada’s Competition Bureau confirmed yet another new advocacy initiative, confirming that it has decided to study the Ontario beer retailing market for potential reforms to increase competition.

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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.