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Consumer & Retail Advisor

Tag Archives: Competition Act

Online Price Advertising: Amazon to Pay $1.1 Million to Settle Canadian Competition Bureau Investigation

Posted in Competition, Legislation

The Competition Bureau (Bureau) announced January 11 that Amazon.com.ca, Inc. (Amazon) has agreed to pay a $1 million penalty for contravening the misleading advertising provisions under the Canadian Competition Act including recent provisions that came into force as part of Canada’s Anti-Spam Legislation (CASL). Amazon will also pay $100,000 towards the investigative costs incurred by the Bureau. The fine follows an investigation into Amazon’s pricing practices over two years on Amazon Retail, the platform by which the company sells directly to consumers.

The e-commerce company has entered into a consent agreement with the Bureau to settle the investigation of … Continue Reading

McCarthy Tétrault Continuing Professional Development Day: The year in review in the fields of consumer goods, retailing and franchising in Québec

Posted in Franchising, Retailing

McCarthy Tétrault multidisciplinary teams working in the fields of consumer goods, retailing, franchising and distribution are hosting a luncheon during which we will discuss the developments of particular interest for Québec retailers in 2015.

Mr. Peter Simons, with by Mtre David Blair, will discuss the expansion of the Maison Simons and the evolution of the retail sales.

This will be followed by our panel of experts who will discuss the following topics:

  • Ordinary sale price under the Competition Act – is it time to review your corporate compliance policy?
  • Mixed use of co-ownership. Merchants and residents: how to ensure a
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Doing Business in Canada: Read the latest updates to our popular guide

Posted in Acquisitions, Canadian Market Entry, Employment and HR, Franchising

McCarthy Tétrault’s Doing Business in Canada is an indispensable reference tool for lawyers and business persons regarding the legal aspects of establishing or acquiring a business in Canada. The newest edition reflects legislative changes including:

  • Canadian anti-spam legislation (CASL)
  • updates on investment thresholds related to the Competition Act and Foreign Investment laws
  • Supreme Court decisions and legislation affecting copyrights
  • new information for employers regarding unjust dismissal complaints
  • updates on anti-treaty shopping measures introduced in 2014

We encourage you to consult one of our lawyers to gain a more comprehensive analysis of the legal implications of your proposed investment.

Download the Continue Reading

Competition Bureau seeks 30M$ against Avis and Budget over non-optional fees

Posted in Competition

On March 10, 2015, the Competition Bureau brought a misleading advertising application before the Competition Tribunal against Aviscar Inc. and Budgetcar Inc. The Bureau alleges that Avis and Budget promote car rentals at prices and discounts that are not attainable because customers are required to pay additional fees over the initial advertised rental price. The Bureau further alleges that Avis and Budget mischaracterize such non-optional fees as taxes and surcharges that car rental companies are required to collect from costumers by governments or third parties, when Avis and Budget would choose to impose these fees to recoup part of their … Continue Reading

Ontario Court Rejects Franchise Class Action Settlement Agreement for Overbroad Release

Posted in Franchising

In 2038724 Ontario Ltd. v. Quizno’s Canada Restaurant Corporation, the Ontario Superior Court of Justice recently dismissed a motion to approve a Settlement Agreement between the Franchisor and the Representative Franchisees on the basis of an overbroad unfair release.

Background

The allegations forming the basis of the class action included anti-competitive behaviour on the part of the Franchisor. The Franchisor was alleged to be maintaining the prices of goods offered by its Designated Suppliers to Franchisees at commercially unreasonable levels. It was further alleged that there persisted a conspiracy between the Franchisor and the Designated Suppliers to the present … Continue Reading

Multi-Level Marketing Plans … Did You Know?

Posted in Competition

According to the Direct Selling Association[1], in 2011 alone some 92 million multi-level marketing (MLM) plan operators, or direct selling businesses, grossed over $154 billion world-wide. While MLM plans can be a profitable business model, caution is warranted for prospective market entrants as they must comply with many provincial requirements and ensure that their proposed business model is not deemed to be an illegal pyramid scheme under the Competition Act (the “Act”). … Continue Reading