By Alexandra Mitretodis and Brock Euper on Posted in Competition Compliance Programs,Marketing & AdvertisingIntroduction In a digital economy, there has been an increasing amount of scrutiny regarding technology’s impact on consumers and competition. One key question is whether privacy should be considered a dimension of competition? That is to say, is privacy relevant to the analysis of competitive effects? Competition law incorporates many non-price dimensions of competition, including… Continue Reading
By Competition Group on Posted in Competition Litigation,Marketing & AdvertisingThe front half of 2019 has seen a number of important competition law developments in Canada. In addition to a new Commissioner, a different procedural approach to the efficiencies defence in merger review and an increased focus on the digital economy, there have also been a number of consent agreements in the deceptive marketing space… Continue Reading
By Anastasia Reklitis and Timothy Law on Posted in Marketing & AdvertisingIn recent years, advertisers have increasingly established commercial relationships with online personalities or “influencers”, who market their products through various digital platforms and social media. The prevalence of “influencer marketing” has become an emerging frontier for the regulation of deceptive marketing in Canada and abroad. Digital Marketing in Canada In Canada, issues regarding misleading representations… Continue Reading
By Huy A. Do and Sabrina Jackson-Nazareth on Posted in Marketing & AdvertisingThe Federal Government has announced the creation of a 10-point Digital Charter, which will involve, among other things, updating the Privacy Act. The Digital Charter will outline what Canadians can expect from both the government and the private sector as it relates to the digital landscape. This initiative is geared towards providing greater transparency in… Continue Reading
By Jenna L. Ward on Posted in Marketing & AdvertisingThe 67th Annual American Bar Association Spring Antitrust Meeting was held in Washington, D.C. from March 26-29, 2019. Over 3,300 competition and consumer protection professionals from more than 68 jurisdictions attended the Spring Meeting, including lawyers, economists, enforcers, academics and members of the judiciary. Seven members of Fasken’s Antitrust/Competition & Marketing Group represented the firm… Continue Reading
By Douglas C. New on Posted in Marketing & AdvertisingAd Standards announces new process for handling competitor advertising complaints. Effective Monday, February 11, 2019, Ad Standards (ASC) will implement a new process for handling complaints between competitor advertisers. While ASC has offered a confidential procedure to deal with such disputes since 1976, it recently conducted a review to determine if the dispute resolution service… Continue Reading
By Antonio Di Domenico and Chris Cole on Posted in Marketing & AdvertisingThis 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
By Leslie J. Milton on Posted in Competition Litigation,Marketing & AdvertisingHertz 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
By Antonio Di Domenico on Posted in Competition Litigation,Marketing & AdvertisingNow 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
By Douglas C. New on Posted in Competition Compliance Programs,Marketing & AdvertisingThe 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
By Antonio Di Domenico on Posted in Competition Compliance Programs,Marketing & AdvertisingOnline 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
By Huy A. Do and Grant LoPatriello on Posted in Cartels & Other Competition Criminal Matters,Marketing & AdvertisingOn 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
By Douglas C. New on Posted in Marketing & AdvertisingThe 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
By Douglas C. New on Posted in Competition Compliance Programs,Marketing & Advertising,Pricing and DistributionMoose 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
By Douglas C. New on Posted in Competition Compliance Programs,Marketing & Advertising,Pricing and DistributionThe 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
By Huy A. Do and Grant LoPatriello on Posted in Marketing & AdvertisingOn 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
