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On July 22, 2024, the Competition Bureau (the “Bureau”) announced that it is launching a public consultation to gather stakeholder feedback relating to the interpretation and application of the new greenwashing provisions of the Competition Act (the “Act”). Contemporaneously with this announcement, the Bureau also published a new issue (Volume 7) of its Deceptive Marketing Practices Digest, focusing on the application of provisions of the Act which existed prior to the amendments to environmental claims. As discussed below, the Digest does provide limited new guidance regarding environmental “claims about the future” (such as net zero claims).Continue Reading Competition Bureau Announces Public Consultation and Guidance on Greenwashing

Bill C-59 and its significant expansion of private competition litigation: Where are we now?

Recognizing the critical role of the Competition Act (the “Act”) in promoting dynamic and fair markets, Canada’s Minister of Innovation, Science and Industry, the Honourable François-Philippe Champagne, announced on February 7, 2022 that he would carefully consider ways to modernize and improve its operation. Following this announcement, significant competition law reform has taken place in Canada, including the passage of Bill C-19 on June 23, 2022, the passage of Bill C-56 on December 15, 2023 and the passage of Bill C-59 on June 20, 2024 (collectively, the “Bills”).Continue Reading Series – The Evolving Competition Law Landscape in Canada: Part 5 – Private Competition Litigation

Deceptive Marketing Practices (Greenwashing, Ordinary Sales Pricing, Drip Pricing) – Where Are We Now?

Recognizing the critical role of the Competition Act (the “Act”) in promoting dynamic and fair markets, Canada’s Minister of Innovation, Science and Industry, the Honourable François-Philippe Champagne, announced on February 7, 2022 that he would carefully consider ways to modernize and improve its operation. Following this announcement, significant competition law reform has taken place in Canada, including the passage of Bill C-19 on June 23, 2022, the passage of Bill C-56 on December 15, 2023 and the passage of Bill C-59 on June 20, 2024 (collectively, the “Bills”).

The Bills include amendments that touch on virtually all facets of competition policy in Canada, including, without limitation, merger review, abuse of dominance, criminal cartels, competitor collaborations, deceptive marketing, private rights of action and market studies. All provisions of the Bills are now in force, with the exception of a select few amendments which will come into force in 2024 and 2025.Continue Reading Series – The Evolving Competition Law Landscape in Canada: Part 4 – Deceptive Marketing Practices

The Evolving Competition Law Landscape in Canada – Where Are We Now and What’s Next?

The final (and most significant) legislative bill in Canada’s current competition law reform process – Bill C-59 –  received royal assent on June 20, 2024. 

Recognizing the critical role of the Competition Act (the “Act”) in promoting dynamic and fair markets, Canada’s Minister of Innovation, Science and Industry, the Honourable François-Philippe Champagne, announced on February 7, 2022 that he would carefully consider ways to modernize and improve its operation. Following this announcement, significant competition law reform has taken place in Canada, including the passage of the following three bills:Continue Reading BILL C-59 RECEIVES ROYAL ASSENT

On November 27, 2023, the Federal Government passed a Notice of Ways and Means Motion to introduce a bill entitled An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023 and certain provisions of the budget tabled in Parliament on March 28, 2023, which was tabled on November 30, 2023 as Bill C-59 (the “Bill”). The Bill proposes amendments that implement some of the goals discussed in the 2023 Fall Economic Statement, including significant and far-reaching amendments to Canada’s Competition Act (the “Act”).Continue Reading Further and Significant Proposed Amendments to the Competition Act in the areas of Merger Review, Ordinary Sales Pricing, Drip Pricing and Environmental Claims 

On November 27, 2023, the Federal Government passed a Notice of Ways and Means Motion to introduce a bill entitled An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023 and certain provisions of the budget tabled in Parliament on March 28, 2023, which was tabled on November 30, 2023 as Bill C-59 (the “Bill”). The Bill proposes amendments that implement some of the goals discussed in the 2023 Fall Economic Statement , including significant and far-reaching amendments to Canada’s Competition Act (the “Act”).Continue Reading Canada Proposes a Significant Expansion of Private Competition Litigation:  the Breakdown and Takeaways

Federal Government Releases Proposed Bill relating to Fall Economic Statement – including Significant Competition Act Amendments

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Revised text of Bill C-56 Released

On November 27, 2023, the Federal Government passed a Notice of Ways and Means Motion to introduce a bill entitled An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023 and certain provisions of the budget tabled in Parliament on March 28, 2023, which was tabled on November 30, 2023 as Bill C-59 (the “Bill”). The Bill proposes amendments that implement some of the goals discussed in the 2023 Fall Economic Statement  to strengthen competition in Canada (as discussed in our previous blog post).Continue Reading Significant Competition Act Amendments on the Horizon

As of October 27, 2023, Quebec has eliminated its unique regulatory system which previous applied to publicity contests[1] which were offered in Quebec. In this regard, Bill 17: An Act to amend various provisions for the main purpose of reducing regulatory and administrative burden repealed the provisions of the Act respecting lotteries, publicity contests and amusement machines (the “Act”), and annulled the Rules respecting publicity contests (the “Rules”).Continue Reading Changes to Quebec Contest Rules

On November 21, 2023, the Federal Government released its 2023 Fall Economic Statement (the “Statement”). The Statement lays out the Federal Government’s multifaceted plan to improve housing in Canada, support the middle class, bolster the economy and create a stable financial sector. Additionally, the Statement outlines the Federal Government’s desire to strengthen competition in Canada through proposed amendments to the Competition Act (the “Act”). More specifically, the Statement discusses changes aimed at combatting alleged dominance abuses by large companies, modernizing merger reviews, protecting consumers from misleading claims and enabling private entities to engage in legal proceedings related to anti-competitive practices. These changes, according to the Statement, “will help bring Canada into alignment with international best practices to ensure that our marketplaces promote fairness, affordability, and innovation.”Continue Reading Federal Government Releases Fall Economic Statement – with New Competition Act Amendments Previewed

The Dufresne Group (the “Group”), which operates Ashley Homestores and Dufresne Furniture and Appliances, must pay a substantial $3.25 million penalty, according to a statement from the Competition Bureau of Canada (the “Bureau”) released September 27, 2023. This settlement marks the resolution of concerns raised by the Bureau regarding the Group’s marketing practices.

The Bureau’s investigation into the Group’s marketing practices revealed a series of concerns related to the accuracy and honesty of their advertising claims. According to the Bureau, customers of Ashley Homestores were led to believe that they were benefiting from substantial discounts, based on assertions made through online platforms and various other advertising mediums within physical stores. Notably, the Bureau found that these apparent discounts were artificially exaggerated based on inflated regular prices, contrary to the ordinary price claims provisions of the Competition Act (the “Act”).Continue Reading The Dufresne Group Hit with $3.25 Million Penalty Amidst Competition Bureau’s Concerns Over Marketing Claims