Competition Chronicle

Competition Chronicle

Competition & Antitrust | Foreign Investment

Category Archives: Marketing & Advertising

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CASL Private Right of Action Delayed Indefinitely

Posted in Competition Litigation, Marketing & Advertising
Citing the desire for a balanced approach to the needs of individuals and organizations under Canada’s anti-spam law, the Minister of Innovation, Science and Economic Development announced today that he is delaying indefinitely the coming into force of the private right of action provisions (section 51) in Canada’s anti-spam law (CASL). This important decision is welcome news… Continue Reading

New Private Right of Action in Canada for False or Misleading Electronic Advertising

Posted in Marketing & Advertising
This post has been prepared in collaboration with Chris Cole of Crowell & Moring law firm. Chris Cole is the Co-Chair of Crowell’s Advertising & Product Risk Management Group in Washington, D.C. In less than three months, Canada will introduce a private right of action arising from false or misleading representations made in electronic messages. These provisions target false… Continue Reading

More penalties for digital “drip pricing”

Posted in Competition Litigation, Marketing & Advertising
Hertz and Dollar Thrifty agree to pay $1.25 million The Competition Bureau announced this week that Hertz and Dollar Thrifty have agreed to pay an administrative monetary penalty of $1.25 million and to implement compliance procedures to resolve the Bureau’s investigation of “drip pricing” by the companies.  “Drip pricing” refers to advertised prices that are… Continue Reading

CASL, the Competition Act and Class Actions:  A Primer for Forthcoming Private Enforcement

Posted in Competition Litigation, Marketing & Advertising
Now that 2017 has arrived, we are less than seven months away from private enforcement (particularly through class actions) for false or misleading electronic messages. CASL’s  amendments to the Competition Act sought to address deceptive marketing practices in the electronic marketplace. Three reviewable practices were created – all within section 74.011 of the Competition Act –… Continue Reading

Competition Bureau Settles “Made in Canada” Advertising Dispute with Moose Knuckles

Posted in Competition Compliance Programs, Marketing & Advertising
The Competition Bureau (Bureau) announced on December 7, 2016 that the Commissioner of Competition (Commissioner) had reached a settlement with Moose International Inc. (Moose) regarding his concerns over Moose’s “Made in Canada” advertising and labelling with respect to certain of its premium brand parkas.  The settlement brings to an end legal proceedings between the parties… Continue Reading

Competition Bureau Conducts Internet Sweep Focusing on Online Reviews and Endorsements

Posted in Competition Compliance Programs, Marketing & Advertising
Online reviews and endorsements are a growing tool used by businesses to sell their products and services.  Last month, the Canadian Competition Bureau (with international partners) conducted a “sweep” of the internet targeting online reviews and endorsements. The sweep is identifying websites that use online reviews or endorsements as part of their business model.  The Bureau… Continue Reading

Competition Bureau Releases its 2016-2017 Annual Plan

Posted in Cartels & Other Competition Criminal Matters, Marketing & Advertising
On July 28, 2016, the Competition Bureau (the “Bureau”) released its 2016-2017 Annual Plan, entitled “Strengthening Competition To Drive Innovation”. While this year’s Annual Plan ostensibly repackages both the Bureau’s 3-year Strategic Vision and its 2015-16 Annual Plan, it does contain a few notable developments. Indeed, the Bureau has introduced 10 new “areas of focus”… Continue Reading

Federal Advertising To Be Pre-Cleared By Advertising Standards Canada

Posted in Marketing & Advertising
The Government of Canada has announced that it is putting an end to the use of partisan Government advertising.  Effective May 12, 2016, Advertising Standards Canada (ACS), a national not-for-profit organization committed to ensuring the integrity of Canadian advertising, will conduct independent reviews of federal government ads against the definition of “non-partisan communications” outlined in… Continue Reading

Moose Knuckles Responds to Competition Bureau’s Misleading Advertising Complaint

Posted in Competition Compliance Programs, Marketing & Advertising, Pricing and Distribution
Moose International Inc. has filed its response to the Competition Bureau’s recent allegations that Moose had, contrary to paragraph 74.01(1)(a) of the Competition Act, made materially false or misleading “made in Canada” representations with respect to its Moose Knuckles winter parkas. In its response, Moose has asked that the Competition Tribunal dismiss the Commissioner of… Continue Reading

Competition Bureau Knuckles Down on “Made in Canada” Claim

Posted in Competition Compliance Programs, Marketing & Advertising, Pricing and Distribution
The Competition Bureau recently announced that it had taken action under the Competition Act against Moose Knuckles, a Canadian-based manufacturer of premium winter jackets, for alleged deceptive marketing practices associated with its high-end parkas.  The Bureau’s application to the Competition Tribunal alleges that the jackets are marketed as “Made in Canada” when the winter apparel is… Continue Reading

Driving Out False and Misleading Advertising: Avis & Budget Agree to Pay $3 million Penalty for Unattainable Advertised Prices

Posted in Marketing & Advertising
On June 2, 2016, the Competition Bureau (the “Bureau”) announced that Avis and Budget have agreed to pay a $3 million penalty for what the Bureau has concluded were false or misleading advertisements made to the public in respect of prices and discounts on car rentals and associated products. Avis and Budget also agreed to… Continue Reading

Competition Bureau Names New Deputy Commissioner of Competition, Competition Promotion Branch

Posted in Competition Compliance Programs, Foreign Investment, Marketing & Advertising, Monopolization, Pricing and Distribution, Trade Associations, Uncategorized
On October 3, 2014, the Commissioner of Competition (“Commissioner”) announced the appointment of Rambod Behboodi as the Deputy Commissioner of the Competition Promotion Branch – the new branch within the Competition Bureau (“Bureau”) that will be created as part of the Bureau’s realignment initiative, where its existing eight branches will be consolidated into four.  The… Continue Reading

2013 Canadian Antitrust/Competition & Marketing Law Year in Review

Posted in Abuse of Dominance, Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Competition Litigation, Foreign Investment, IP/Competition Interface, Marketing & Advertising, Merger Notification & Review, Monopolization, Pricing and Distribution, Trade Associations
The principal Canadian competition law theme in 2013, as with the year before, was enforcement. Criminal enforcement in the areas of price-fixing, bid-rigging and misleading advertising continued with new guilty pleas against various companies and individuals (e.g. auto parts, air cargo, chocolate, real estate advisory services contracts, gasoline and retail multiple telemarketing schemes). The Competition… Continue Reading

2013 South African Antitrust/Competition & Marketing Law Year in Review

Posted in Abuse of Dominance, Cartels & Other Competition Criminal Matters, Competition Compliance Programs, Competition Litigation, Foreign Investment, IP/Competition Interface, Marketing & Advertising, Merger Notification & Review, Monopolization, Pricing and Distribution, Trade Associations
The year of 2013 provided further opportunity for development of South Africa’s competition policy, law and practice. The year’s highlights included the conclusion of the Competition Commission’s Fast Track Settlement  process involving bid rigging in the construction sector; some important merger decisions; developments in the law on pursuit of private damages; and clarity on numerous… Continue Reading