Category Archives: Publications

February 27, 2020

My New Canadian Lawyer Column: Upfront Pricing – Is That Too Much To Ask?

In my new Canadian Lawyer Column, I take a bit of a light-hearted tiptoe through recent drip-pricing cases enforced by the Competition Bureau, including the announcement on February 13, 2020 that StubHub agreed to pay $1.3 million for allegedly violating the misleading advertising provisions of … Read the rest of this entry »

February 14, 2020

The Price, the Whole Price and Nothing But the Price: StubHub Pays $1.3 Million Penalty Following Bureau Drip Pricing Probe

The Competition Bureau’s (Bureau) top priority for enforcement and advocacy is currently the digital economy (see, for example, here, here, here, here and here). And for online marketing practices, false or misleading prices, including drip-pricing (i.e., where additional fees for an online purchase are only … Read the rest of this entry »

February 13, 2020

Digital Economy Remains Top Competition Bureau Priority For Next Four Years: New Strategic Vision Report

Practical Law Canada, Competition has published a new Legal Update, which discusses the Competition Bureau’s new Strategic Vision report, which was released on February 11, 2020.  The Bureau’s new Strategic Vision report focuses on the digital economy, including competition law issues in relation to the … Read the rest of this entry »

February 1, 2020

What Laws Apply to Canadian Contests/Sweepstakes?

The following are some key legal tips for operating a successful and legal contest in Canada: CRIMINAL CODE Avoid the illegal lottery offences of the Criminal Code (e.g., include a bona fide “no purchase necessary” entry option and skill element, such as a time-limited, multiple-step mathematical question for potential … Read the rest of this entry »

January 24, 2020

Digital Marketing Enforcement Is Top Competition Bureau Enforcement Priority: New Remarks

In an interesting speech on January 22, 2020 by the Deputy Commissioner of Competition, Deceptive Marketing Practices Directorate, the Competition Bureau (Bureau) outlined its current digital marketing enforcement priorities (see: Honest Advertising in the Digital Age). In general, the Deputy Commissioner’s remarks reflect an overall … Read the rest of this entry »

January 15, 2020

Can a Contest Sponsor Require Entrants to Purchase a Product to Enter a Canadian Contest/Sweepstakes?

Most Canadian contest sponsors choose to include a bona fide “no purchase required” entry option for contests run in Canada. This is because the illegal lottery offences of the Criminal Code (Code), which are generally punishable by imprisonment for up to two years, prohibit games of … Read the rest of this entry »

January 12, 2020

Influencer Advertising: Competition Act Compliance Now a Material Concern For Brands and Agencies

Over the past several years, competition enforcement agencies have been increasing their scrutiny of false and misleading influencer marketing.  The U.S. Federal Trade Commission (FTC) initially led the charge in terms of guidance and enforcement, which included its Endorsement Guides, Endorsement Guides FAQs and warning … Read the rest of this entry »

January 5, 2020

What Is Required For Express Consent Under CASL (Canadian Anti-Spam Law)?

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 »