June 6, 2013
Earlier today, the Competition Bureau announced that criminal charges have been laid against three companies (Nestlé Canada Inc., Mars Canada Inc. and ITWAL Limited, a national network of independent wholesale distributors) and three individuals (two former Nestlé presidents and the President and CEO of ITWAL), who are being accused of participating in a chocolate price-fixing cartel (a case that has been running now for some six years).
June 4, 2013
The Canadian Minister of Industry Christian Paradis announced a new competition policy for Canada’s wireless industry earlier today that included the proposed Telus acquisition of Mobilicity, the allocation of spectrum from new entrants to incumbents more generally, the upcoming 700 MHz spectrum auction and other details relating to the Government’s intentions to foster more wireless competition in Canada.
June 3, 2013
Well, after months of consultation and debate, and a seemingly ever rising swell of commentary and consumer gnashing of teeth about the poor quality of Canadian wireless services (and anticipated demise of Canada’s new wireless entrants), the CRTC today announced at long last its wireless code of conduct.
May 28, 2013
Somewhat coincidentally, having just written a short note yesterday on SNC-Lavalin’s announced internal amnesty program and whistleblower protections under the Competition Act, the Interim Commissioner of Competition announced a new Competition Bureau “Criminal Cartel Whistleblowing Initiative” today as part of remarks given at the CBA’s annual Spring competition law conference.
May 28, 2013
An interesting performance claims advertising claims case caught my eye today in my daily media sweep. According to the CBC, HuffPost and others, Kellogg has agreed to pay $4 million to settle a class action lawsuit relating to some of its former marketing claims for Frosted Mini-Wheats.
May 27, 2013
In my morning media sweep, an interesting story about a new SNC-Lavalin internal whistleblower / amnesty program caught my eye. In particular, reports this morning (see: here (Globe) and here (Post)) state that SNC is launching an internal “amnesty program” in an effort to root out corruption and competition law violations across its organization, and evidently also as a further step to quiet some months of media reporting.
May 24, 2013
The potential routes to deception are many. In misleading advertising cases, commonly challenged conduct includes false price, performance and other product claims (e.g., omitting key limitations or conditions on products or services). Some of the advertising practices that are regulated or prohibited in Canada include contests, performance claims, bait and switch selling, ordinary selling price claims, multi-level marketing, pyramid selling schemes, deceptive telemarketing, deceptive prize notices and testimonials and warranties.
May 24, 2013
The C.D. Howe Institute has published a new report on a topic that is near and dear to my heart – the regulated conduct doctrine and monopolies, er regulated markets, in Canada: Beer, Butter and Barristers: How Canadian Governments Put Cartels Before Consumers.