Category Archives: Competition Litigation

New Competition Bureau Guidance on Influencer Marketing, Made in Canada Claims and Savings Claims

The Competition Bureau (Bureau) has published the fourth volume of its Deceptive Marketing Practices Digest (Marketing Digest), which provides guidance from the Bureau on influencer marketing, “Made in Canada” claims and savings claims (see Bureau releases Deceptive Marketing Practices Digest Volume 4). In general, the Bureau’s … Read the rest of this entry »

Testimonials and Endorsements: Key Canadian Legal Rules and Compliance Tips

Testimonials and endorsements (i.e., where a brand uses an expert, celebrity or other person to endorse their product) are both increasingly popular and increasingly being scrutinized by regulators, including the Canadian Competition Bureau (Bureau) and U.S. Federal Trade Commission (FTC). While the Competition Act, which … Read the rest of this entry »

Misleading Concert Prices Could Be Your Ticket to a Fine: Competition Bureau

On July 4, 2017, the Competition Bureau (Bureau) issued a statement warning sporting and entertainment vendors to ensure that their upfront pricing was accurate. In particular, the Bureau cautioned ticket sellers that engaging in “drip pricing” (i.e., only disclosing a portion of the price upfront … Read the rest of this entry »

A Legal Tiptoe Through the Hot World of Influencer Advertising

My new Canadian Lawyer column discusses practical tips for brands and influencers in the expanding area of endorsements and testimonials, in light of Federal Trade Commission, Competition Bureau and industry regulator guidance. Below is an excerpt with a link to the full column. _________________ Anyone … Read the rest of this entry »

$1.25 Million Settlement in Car Rental Drip Pricing Case

Yesterday the Competition Bureau announced that it had negotiated a $1.25 million settlement with two major Canadian car rental companies (Hertz Canada Limited and Dollar Thrifty) in relation to alleged “drip pricing” advertising practices. In particular, the Bureau had taken the position that the two … Read the rest of this entry »

Competition Bureau Enforces “Sale” Sections of Competition Act, Brings Case Against Hudson’s Bay

The Competition Bureau (Bureau) continues to enforce the sale related sections of the Competition Act. Earlier today, it announced that it will commence an application with the federal Competition Tribunal (Tribunal) in relation to the alleged deceptive marketing of sleep sets (mattresses and foundations sold … Read the rest of this entry »

Is It Time to Reward Competition Act Whistleblowers?

In my new Canadian Lawyer column today, I discuss the whistleblower provisions of the Competition Act and ask whether rewarding whistleblowers would strengthen competition law enforcement in Canada. Below is an excerpt with a link to the full column. ____________________ With the federal government’s new … Read the rest of this entry »

CASL (Anti-Spam Law) Private Action Rights Come Into Force July 1st: 10 Key Points

CANADIAN CASL (ANTI-SPAM LAW) PRECEDENTS Do you need a precedent or checklist to comply with CASL (Canadian anti-spam law)? We offer Canadian anti-spam law (CASL) precedents and checklists to help electronic marketers comply with CASL.  These include checklists and precedents for express consent requests (including … Read the rest of this entry »