Show all postsFiltered by: Belinda Chiu

HBC Has to Sleep in the Bed it Made ... Commissioner Brings Misleading Advertising Application Over Mattress Promotions

The Commissioner of Competition (the Commissioner) filed a Notice of Application (the Application) against the Hudson’s Bay Company (HBC) in late February alleging that HBC engaged in deceptive marketing practices relating to its sale of sleep sets (mattresses and foundations) including representations regarding ordinary sales price (OSP). The Commissioner is seeking a variety of remedies including an order requiring HBC to pay an administrative penalty and issue corrective notices.

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Reliance on Supplier Price Information Cost Amazon $1 Million for Contravention of Ordinary Price Provisions

On January 11, 2017, Amazon.com.ca, Inc. entered into a consent agreement with the Commissioner of Competition following the Competition Bureau’s investigation into Amazon’s pricing representations. The consent agreement alleges that Amazon contravened the ordinary price provisions of the Competition Act and engaged in false and misleading representations contained in electronic messages. As part of the consent agreement, Amazon has agreed to pay an administrative monetary penalty of $1 million, as well as costs of $100,000.

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National Security Review Guidelines Highlight Amorphous Nature of “National Security”

The Minister of Innovation, Science and Economic Development has just released Guidelines on the National Security Review of Investments. The Guidelines are intended to provide information to foreign investors regarding both (i) the national security review process under the Investment Canada Act (the ICA) and (ii) the factors to be considered in determining whether an investment could raise national security issues. 

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Broken Telephone: Telco Ordered to Pay $300,000 for Misleading Advertising

In mid-September, Comwave Networks Inc. (Comwave) entered into a consent agreement with the Commissioner of Competition regarding allegations that it contravened the civil misleading advertising provisions of the Competition Act (the Act). Under the consent agreement, Comwave is required to pay an administrative monetary penalty (AMP) of $300,000, and $60,000 towards the Bureau’s costs of the investigation. Additionally, Comwave has agreed to remove all problematic representations (across all media), issue a corrective notice to the public to its customers, and establish and implement a corporate compliance program. 

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“Below the Fold” is Below the Radar – Native Advertising Disclosure Must be Clear, Conspicuous & Unavoidable

Last week, the Federal Trade Commission (FTC) reached a settlement with Warner Bros. Home Entertainment Inc. (Warner) and issued a proposed 20 year consent order in connection with allegations that Warner’s 2014 influencer campaign constituted deceptive native advertising. The FTC’s complaint alleges that Warner failed to disclose that it paid online influencers were paid to promote Warner’s Middle Earth: Shadow of Mordor video game. This is the second FTC enforcement action following the release of its native advertising guidelines (see our blog post on the guidelines here). The first FTC action was against Lord & Taylor for its deceptive (and hugely successful) Instagram influencer campaign that similarly failed to disclose that compensation had been provided to influencers.

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Be Careful What You List For–Competition Tribunal Orders TREB to Lift Restrictions on Use of MLS Data

Earlier this month, the Competition Tribunal issued its order for a remedy following its decision in late April finding that the Toronto Real Estate Board (TREB) had abused its dominant position in imposing restrictions on the use of data on its Multiple Listing Service (MLS) contrary to Section 79 of the Competition Act

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Commissioner Knuckles Down on Moose Knuckles’ Use of “Made in Canada” Claims

On April 26, 2016, the Commissioner of Competition (the “Commissioner”) brought an application to the Competition Tribunal (the “Tribunal”) against Moose International Inc., a manufacturer of premium winter jackets under the Moose Knuckles brand.

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