We practice federal competition/antitrust law, have acted for domestic and international clients on hundreds of competition law matters and provide a full range of competition and foreign investment law services in relation to the merger, conspiracy, bid-rigging, misleading advertising, promotional contest, deceptive marketing and foreign investment provisions of the Competition Act and Investment Canada Act.
We provide federal competition and foreign investment law services to clients across Canada and internationally.
Our services include:
ACADEMIC
We offer a full range of academic and advocacy services in the competition and foreign investment law and policy areas including:
- Competition law compliance programs and policies
- Academic, position and policy papers
- Submissions on proposed guidelines and legislative changes
- Competition law educational materials for companies and associations
- Competition and foreign investment law consulting services
ADVERTISING AND MARKETING LAW
Complying with Canadian advertising and marketing laws is an increasing challenge. Hurdles for companies include increased enforcement (including cross-border enforcement and cooperation), new legislation – for example Canada’s new federal Anti-spam Law (Bill C-28), private litigation and competitor challenges and new technologies.
We help companies and individuals interpret and comply with Canada’s advertising and marketing laws and offer a full range of Canadian advertising and marketing law services in relation to print, online, new media and e-mail marketing and telemarketing. Our services include advice in relation to:
- Federal anti-spam legislation
- Competition law litigation and Competition Bureau complaints
- Consumer packaging and labeling legislation
- "General” misleading advertising provisions of the Competition Act
- Deceptive marketing provisions of the Competition Act
- Internet, online and new media advertising and marketing
- Multi-level marketing and pyramid selling
- Promotional contests and sweepstakes
- Direct marketing
- Sales and promotions
- Telemarketing
For more see: Misleading Advertising
BID-RIGGING
We offer a range of bid-rigging law services including advice on the application and scope of the criminal bid-rigging provisions of the Competition Act, bid and tender documentation and processes and compliance. Our services include:
- Advice on the application of the criminal bid rigging provisions
- Review and advice in relation to competitive tenders and proposals
- Compliance programs and policies
For more see: Bid-rigging
COMPETITION BUREAU INVESTIGATIONS
We provide a full range of services in relation to civil and criminal competition law investigations, searches and compulsory and voluntary information requests. Our experience includes assisting clients with criminal and civil searches, compulsory production orders (section 11 orders), voluntary information requests and other Bureau contacts. Our services include:
- Attending on criminal and civil searches
- Advice in relation to criminal and civil investigations and inquiries
- Advice and assistance in relation to compulsory production orders
- Advice and assistance with Competition Bureau investigations
- Advice in relation to the Bureau's Immunity and Leniency Programs
- Search and seizure guidelines
- Document retention programs
For more see: Competition Bureau Enforcement
COMPETITION LAW COMPLIANCE PROGRAMS
We offer a full range of competition law compliance services and have prepared compliance programs and policies for clients in numerous industries. Our services include:
- Competition law compliance programs and policies
- Competition law seminars for companies and trade associations
- Review of corporate and trade association activities for competition law compliance
- Competition law talks and “lunch and learns” for companies and law firms
- Guidelines for board meetings, conferences and other meetings
- Document retention programs
For more see: Competition Law Compliance Programs and Policies
COMPETITION LAW LITIGATION AND COMPLAINTS
Our competition law litigation services include advice in relation to:
- Civil and criminal competition law litigation
- Private actions and “private access” proceedings
- Competition Bureau investigations and inquiries
- Compulsory and voluntary information requests
- Strategic advice in relation to marketplace issues and competitors
- Competition Bureau complaints
- Remedies for refusals to supply/deal
- Criminal and civil searches
For more see: Competition Law Litigation
COMPETITION LAW SEARCHES
We offer competition law services in relation to criminal and civil Competition Act searches, informal and formal Competition Bureau investigations and contacts and voluntary and compulsory information requests. Our services include:
- Advice in relation to competition law searches
- Advice in relation to compulsory production orders
- Search and seizure guidelines
- Document retention programs
For more see: Competition Bureau Enforcement
COMPETITION POLICY
Our competition policy services for international clients and enforcement agencies include:
- Agency enforcement guidelines and policy documents
- Research and policy papers
- Competition policy and reform
- Competition policy advocacy programs
- Interactions of competition policy with other regulatory frameworks
- Training, education and voluntary compliance programs
- Coordinating governmental policies with competition policies
- Competition policy for the introduction of competition laws
- Economic and legal research
For more see: Competition Policy
CONSPIRACY AND COMPETITOR COLLABORATIONS
We offer a range of services in relation to the conspiracy provisions of the Competition Act and competitor collaborations, including advice in relation to trade association activities, joint ventures and strategic alliances, joint negotiations, joint marketing, joint buying, research and development and other competitor-competitor collaborations and activities. Our services include:
- Application of the Competition Act's criminal conspiracy provisions (section 45)
- Application of the Competition Act’s civil agreements provision
(section 90.1)
- Structuring agreements and joint ventures for competition law compliance
- Competition law compliance programs for companies and trade associations
- Guidelines for meetings, information exchanges and benchmarking projects
- Application of the Competition Bureau’s Immunity and Leniency Programs
- Applications for binding advisory opinions
For more see: Conspiracy and Competitor Collaborations
INVESTMENT CANADA ACT
We offer a full range Canadian foreign investment law advice and services, including in relation toInvestment Canada Act applications and notifications, advice regarding foreign investment regulations in Canada, application of the national security review regime and restrictions on investments by state-owned enterprises (SOEs). Our services include:
- Advice on the application of the Investment Canada Act
- Investment Canada Act applications and notifications
- Application of Canada’s national security review regime
- Restrictions on investments by state-owned enterprises (SOEs)
- Advice on Canada’s merger control regime
- Merger review and merger control filings
For more see: Investment Canada Act
MERGER CONTROL
We offer a full range of Canadian merger control and foreign investment law services for acquirers, targets and corporate/commercial and securities counsel, including advice as to whether a transaction is notifiable, whether a non-notifiable transaction may raise competition concerns, strategic advice in relation to notification and the negotiation of remedies and assistance preparing pre-merger notification filings and transaction documents. Our services include:
- Advice on the application of the Competition Act to mergers
- Application of the Investment Canada Act to Canadian investments
- Pre-merger notification and Investment Canada Act filings
- Competition law submissions to the Competition Bureau
- Competition law provisions in transaction documents
- Pre-merger conduct memoranda
For more see: Canadian Merger Control
PROMOTIONAL CONTESTS
We offer a full range of promotional contest law and sweepstakes services, including assistance with the preparation of short rules, long rules, statutory disclosure, winner release documentation and print and online marketing in compliance with the Competition Act and federal Criminal Code. Our services include:
- Application of the Competition Act and Criminal Code to promotional contests
- Drafting short and long contest rules and statutory disclosure
- Reviewing promotional contest marketing and advertising materials
- Preparation of winner release documentation
- Compliance with the misleading advertising provisions of the Competition Act
For more see: Promotional Contests
TELEMARKETING
We offer a full range of Canadian advertising and marketing law services in relation to print, online and new media marketing and telemarketing. Our telemarketing law services include advice in relation to:
- The deceptive telemarketing sections of the Competition Act
- The misleading advertising sections of the Competition Act
- British Columbia consumer protection legislation
- British Columbia Telemarketer Licensing Regulation
- National Do Not Call List (CRTC)
- Compliance policies and programs for telemarketing companies
- Preparation and review of telemarketing scripts
- Review of print and online/Internet marketing materials
- Regulatory and Competition Bureau investigations
- Criminal and civil searches and document production requests
For more see: Telemarketing
TRADE ASSOCIATIONS
We offer a full range of competition law and compliance services for Canadian trade, professional and other associations in relation to all aspects of association activities including board and membership meetings, rules and by-laws, voluntary codes of conduct, membership criteria and discipline, compliance programs and policies and special projects. Our services include:
- Trade association competition law compliance programs
- Competition law compliance seminars and talks for association executives
- Audits and compliance reviews of trade association activities
- Advice on the application of the amended Competition Act
- Vetting trade association meetings, conventions and communications
- Reviewing association rules, bylaws, policies and voluntary codes
- General competition law and compliance advice
For more see: Canadian competition law and trade associations
