Created on 2/6/2017 11:46:16 AM
FCPC members gathered on Nov. 30th to hear from a panel of speakers from the Competition Bureau, outside counsel and in-house counsel who offered perspective on competition and compliance issues specific to CPG companies.
The panel included (l-r) Tim Civil, General Counsel, PepsiCo Foods Canada, Lise Landry-Morson, Senior Competition Law Officer, Cartels and Deceptive Marketing Practices Branch, Competition Bureau, Chris Hersh, Partner, Cassels Brock & Blackwell LLP and Nadia Brault, Director of Compliance, Competition Bureau.
The session began with a discussion on the importance of establishing a compliance program, one that can be implemented on a practical day-to-day level and not just a policy that sits on a shelf. “Compliance programs can help recruit and retain staff, especially among millennials who increasingly want to work for ethical companies,” said Nadia Brault, Director of Compliance at the Competition Bureau. “It takes 20 years to build a reputation and five minutes to ruin it.”
The Competition Bureau released Price Maintenance Enforcement Guidelines back in 2014 and defines price maintenance as attempts to influence upward or discourage reduction of price. “Price maintenance guidelines are convoluted and there is little legal precedent," said Chris Hersh, Partner, Cassels Brock and Blackwell. “Price maintenance only becomes an issue when it has a negative effect on competition.”
“Technology moves fast and laws move slowly,” Lise Landry-Morson, Senior Competition Law Officer, Cartels and Deceptive Marketing Practices Branch at the Competition Bureau, said while discussing misleading advertising practices. As the use of influencers becomes increasingly popular, it is important to treat the practice as a form of advertising; it needs to be clear they have received product or payment for their endorsement, she explained.
The Competition Bureau offers a variety of resources to assist businesses in recognizing and preventing anti‑competitive conduct.
To learn more about upcoming insight events, click here