Canada: 2010 A Year in Review - Antitrust/Competition & Marketing

Last Updated: February 23 2011

By Anthony Baldanza, Mark Magro, Douglas New, Huy Do, Leslie Milton, Antonio DiDomenico, Paul Martin and Laura Cooper


Although 2010 lacked the drama of the previous year (which, among other things, witnessed major changes to Canada's competition legislation), as we discuss in this bulletin, there were a number of highly significant developments during 2010, particularly on the enforcement front. Below you will find discussions of enforcement and policy developments during the year, including the successful negotiation by the Commissioner of Competition ("Commissioner"), Melanie Aitken, of large fines in a number of international price fixing cartels, and the initiation of two major cases before the Competition Tribunal under the abuse of dominance and price maintenance provisions of the Competition Act. These developments were followed early in 2011 by the Commissioner's challenge of the merger between CCS Corporation and Complete Environmental Inc. This latter development is notable on a number of accounts including the fact that the Commissioner is seeking, among other things, dissolution of the transaction: sellers beware! And, of course, under the Investment Canada Act we saw the now famous disallowance of BHP Billiton's ("BHP") proposed acquisition of Potash Corp.


New Merger Policy and Guidance Documents

In October 2010, the Competition Bureau ("Bureau") released the following documents to update previous guidance pertaining to procedural matters for merger review: Fees and Service Standards Policy for Mergers and Merger-Related Matters;1Fees and Service Standards Handbook for Mergers and Merger-Related Matters2; and Procedures Guide for Notifiable Transactions and Advance Ruling Certificates under the Competition Act3. Most notably, the documents set out the Bureau's new non-statutory complexity designations and service standard periods (i.e. the maximum amount of time in which the Bureau strives to make a substantive decision with respect to a proposed merger). Generally, the service standard period commences the day a complete filing is received by the Bureau, provided the Bureau has sufficient information to assign a complexity designation. The "non-complex" classification and its service standard period of 14 days remains unchanged. The previous "complex" and "very complex" classifications, with service standard periods of 10 weeks and 5 months, respectively, have been replaced by a single "complex" classification, which has a service standard period of 45 days, or where a supplementary information request ("SIR") is issued, 30 days from the day the SIR is complied with.

Although the service standard periods have decreased for transactions that would have previously been classified "complex" or "very complex" (i.e. reduced from 10 weeks and five months, respectively), in its guidance documents and consistent with past practice, the Bureau retains discretion with respect to its determination of when sufficient information has been received to enable it to make a complexity designation and consequently commence a service standard period – it is not uncommon for the Bureau to ask for information that is additional to the information provided in an initial filing before communicating a complexity designation. It remains to be seen whether the shorter service standard periods will actually result in the review of complex mergers in less time than was the case in the past.

Amended Notifiable Transactions Regulations come into Force

The amended Notifiable Transactions Regulations came into force on February 2, 2010. Amendments to the regulations were necessary following the amendments to the pre-merger notification provisions of the Competition Act in March 2009, which, among other things, replaced the "short form" and "long form" notification information requirements with a single notification form. Notably, one of the requirements in the regulations is that a notification must include studies, surveys, analyses and reports prepared or received by an officer or director of the notifying party for the purposes of assessing the proposed transaction. This requirement is similar to item 4(c) of the U.S. Hart-Scott-Rodino Notification and Report Form. 

Merger Enforcement

In 2010, the Bureau secured consent agreements in respect of the following mergers:

  • acquisition of Alcon, Inc. by Novartis AG (involved the divestiture of assets and associated licences relating to certain ophthalmic products);
  • merger between Teva Pharmaceutical Industries Ltd. and the Merckle Group (carrying on business as ratiopharm (sic)) (involved the divestiture of assets and associated licences relating to certain pain-relief drugs);
  • merger between IESI-BFC Ltd. and Waste Service Inc. (involved the divestiture of commercial waste collection assets); and
  • merger between Ticketmaster Entertainment, Inc. and Live Nation, Inc. (involved the divestiture of a Ticketmaster subsidiary, licensing of Ticketmaster's ticketing software to a competitor, and an agreement by Ticketmaster to refrain from retaliating against venue owners who use competing ticketing or promotional services).

Also, in June 2010, after roughly 18 months of investigation, the Bureau and the U.S. Federal Trade Commission ("FTC") completed their examination of the March 2008 acquisition of AH Marks Holding Limited by Nufarm Limited. The investigation was commenced some time after the transaction had closed. The transaction was also examined by the U.K. Office of Fair Trading and the Australian Competition & Consumer Commission. Working in cooperation with the FTC, the Bureau concluded that a separate remedy for Canada was not necessary; instead, to resolve competition concerns in Canada, the Bureau relied on commitments made to it by Nufarm and a consent decree Nufarm had with the FTC. The remedies obtained by the FTC required Nufarm to sell rights and assets associated with two herbicides to competitors and restructure supply agreements with two other companies to allow them to fully compete in respect of certain herbicides.

Late-breaking News

Just prior to going to press, the Bureau filed a Notice of Application with the Competition Tribunal in respect of CCS Corporation's acquisition of Complete Environmental Inc., alleging that the transaction is likely to prevent competition in the disposal of hazardous waste produced at oil and gas fields in North-eastern British Columbia. Noteworthy aspects of the matter include:

  • The fact that the transaction was not notifiable: the vast majority of the Bureau's enforcement pertains to notifiable transactions. This is a reminder that the Competition Act is relevant to non-notifiable mergers. 
  • The Bureau is seeking, among other things, dissolution of the transaction. This is a reminder that the risk to sellers in respect of completed mergers is not merely theoretical.
  • The Bureau did not seek a s. 100 (pre-closing) injunction but rather accepted a hold-separate undertaking, even though it was introduced to the transaction prior to closing. The Bureau generally refuses to permit closing into a hold-separate. The Bureau's decision not to pursue a s. 100 injunction may have been based on concerns about the strength of its case for an injunction having regard to the decision in the Labatt-Lakeport merger and given that the merging parties had offered a hold-separate. 

Revisiting Merger Enforcement Guidelines

In September, the Bureau announced that it would hold consultations with the public to obtain input on whether its 2004 Merger Enforcement Guidelines ("MEGs") should be revised, having regard to legal and economic developments since the 2004 MEGs and the recent publication of revised Horizontal Merger Guidelines by antitrust authorities in the United States. The Bureau asked for comments by December 31, 2010. A Discussion Paper for the consultations can be found on the Bureau's website.

Pre-Merger Notification Size-of-Transaction Threshold Increased

Pre-merger notification under the Competition Act is required where both size-of-parties and size-of-transaction thresholds are exceeded. The size-of-parties threshold is exceeded where the parties, including their respective affiliates, together have assets in Canada or gross revenues from sales in, from or into Canada that exceed $400 million. The size-of-transaction threshold varies with the type of transaction involved (e.g. acquisition of assets, acquisition of shares, amalgamation, etc.), but generally includes a monetary threshold in terms of the gross book value of assets in Canada or the value of gross revenues from sales in or from Canada generated from those assets. The size-of-transaction threshold for 2011 is $73 million (up from $70 million for 2010).



On November 3, 2010, the Canadian Minister of Industry announced that he was unable to approve BHP's proposed acquisition of Potash Corp. on the basis that BHP had not adequately demonstrated that the investment would be of "net benefit to Canada" as required by the Investment Canada Act. While BHP was given an additional 30 days to submit further representations and undertakings in an attempt to persuade the Minister to change his mind, BHP instead elected to withdraw its bid for Potash Corp. Because of BHP's decision, the Minister was no longer legally obligated to issue reasons for his decision although, at the time of his announcement, he had stated that he intended to do so.

The BHP/Potash decision does not appear to herald a change to the Canadian government's generally pro-foreign investment policy. This is only the second publicly announced blocking of an investment under the Investment Canada Act since it came into force in 1985. Regardless as to whether the Minister's decision was motivated, as some columnists have suggested, by political expediency or was simply, as the Minister indicated, the result of BHP's inability to meet the "net benefit to Canada" test, it seems clear that, in certain unique circumstances, obtaining Investment Canada Act clearance can be a material condition to successfully closing a transaction. Because of this, foreign investors proposing acquisitions of Canadian businesses should, early on in the acquisition process, identify any sensitivity, political or otherwise, that might impact on their ability to obtain the required clearance and then consider how they intend to demonstrate "net benefit to Canada" as required by the Investment Canada Act.

U.S. Steel/Stelco

The Minister of Industry's 2009 Federal Court application to obtain an order to remedy the alleged failure by U.S. Steel to comply with certain undertakings that it had given in 2007 in connection with its acquisition of Stelco Inc. continues to move slowly through the judicial process. U.S. Steel's constitutional challenge concerning the validity of sections 39 and 40 of the Investment Canada Act was unsuccessful. U.S. Steel then moved to appeal the decision to grant intervener status to a union representing Stelco employees and a prospective purchaser of the Stelco facility. This appeal was dismissed in December 2010. Everything to date suggests that a quick resolution to this legal dispute is unlikely. In the meantime, foreign investors would be wise to pay closer attention to the substance of the undertakings that they are submitting in support of applications for approval under the Investment Canada Act by properly conditioning those undertakings to take into consideration events beyond their control that could frustrate or delay performance of those undertakings., Apple and Canadian Heritage Policy Review

Following on the heels of his April 2010 decision under the Investment Canada Act to permit to open a "fulfillment centre" warehouse in Canada, the Minister of Canadian Heritage and Official Languages (who is responsible under the Investment Canada Act for reviewing foreign investments in the cultural industry sector) announced that he was also undertaking a review of existing foreign investment policies and programs, most of which have been in place for many years. The review will, in part, seek to determine whether the existing book publishing policy, most recently revised in 1992, is to continue or to be revised with a view to providing healthy competition in the book publishing, distribution and retail sectors of the industry and to contribute to the broader government objective of insuring that Canadian cultural content is created and accessible in Canada and abroad. Given the Minister's December 2010 approval of an investment proposal by Apple Canada to establish iBookstore Canada, it would be reasonable to expect that some relaxation in the foreign investment cultural policy will come out of this review.

WTO Investor Threshold Increased

The determination of whether an investment that is covered by the Investment Canada Act is subject to Ministerial review as opposed to being merely subject to notification (which can be filed up to 30-days following implementation of the investment) depends on whether an applicable monetary threshold is exceeded, based on the gross book value of assets of the Canadian business. The highest threshold that may apply is the threshold for WTO investors, which is adjusted annually to reflect changes in GDP. Lower thresholds apply if the investor is not a WTO investor or if the Canadian business being acquired involves a cultural business. The WTO investor threshold for 2011 is $312 million, up from the 2010 threshold of $299 million.



2010 saw a number of charges laid and convictions through guilty pleas, including the following:

  • Criminal charges were laid against 20 individuals and three companies accused of fixing the retail price of gasoline in an alleged domestic cartel in various cities and towns in the Province of Quebec.
  • Criminal charges were laid against eight companies and five individuals accused of rigging bids for private sector ventilation contracts for residential highrise buildings in the Montreal area.
  • Panasonic Corporation and Embraco North America Inc. pleaded guilty, with fines totaling $3 million, for fixing the price of hermetic refrigeration compressors sold in Canada.
  • Solvay Chemicals Inc. pleaded guilty and was fined $2.5 million for its role in fixing the price of hydrogen peroxide sold in Canada.
  • Cargolux Airlines International S.A. pleaded guilty and was fined $2.5 million for its role in an air cargo cartel affecting Canada. Cargolux's penalty brings the total fines in the Bureau's air cargo investigation to more than $17 million. In 2009, Air France, KLM, Martinair, Qantas, and British Airways each pleaded guilty to fixing air cargo surcharges for shipments on certain routes from Canada.
  • Tassimco Technologies Canada Inc. pleaded guilty to a charge of bid-rigging for a contract to provide traffic signals to the City of Quebec.

Akzo Nobel

The European Court of Justice released an important decision, Akzo Nobel4, confirming that communications between in-house counsel and their internal clients are not protected under European law by legal professional privilege, otherwise known in Canada as solicitor-client privilege. Akzo Nobel has global implications with respect to how legal advice is sought and received in the area of antitrust/competition law. Companies, in conjunction with their in-house and external lawyers, need to carefully structure their global legal communications in order to maximize the application of privilege. 

Policy Developments

New Bureau guidance included the following:

  • The Commissioner and the Director of Public Prosecutions signed a Memorandum of Understanding5, which sets out the guiding principles of the relationship between the Bureau and the Public Prosecution Service of Canada and outlines each organization's respective roles and responsibilities at the investigative and prosecution stages of a case (May 14, 2010).
  • The Bureau released a revised bulletin on Corporate Compliance Programs6, which describes the Bureau's approach to programs designed to ensure compliance with the Competition Act, the Consumer Packaging and Labelling Act, the Textile Labelling Act and the Precious Metals Marking Act. (September 27, 2010).
  • The Bureau released its final Leniency Program bulletin7, together with an FAQ document providing specific information on particular questions arising under the program (September 29, 2010).

Dual-Track for Agreements Among Competitors Comes into Force

The Bill C-10 amendments to the Competition Act that establish a dual-track (criminal/civil) approach to agreements between competitors came into force on March 12, 2010. Cartel-type agreements that fix prices, allocate markets and/or restrict output will be prosecuted under a criminal per se provision, while other agreements between competitors (e.g. legitimate joint ventures or strategic alliances) that are likely to substantially prevent or lessen competition may be reviewed by the Competition Tribunal under a civil provision on an application of the Commissioner. The Bill C-10 amendments also established an ancillary restraints defence, and incorporate by reference the common law regulated conduct defence to the per se cartel provision.


The Commissioner filed two applications with the Competition Tribunal in 2010 for relief under the civil restrictive trade practices provisions of the Competition Act. This represents a substantial increase in enforcement action by the Bureau under the restrictive trade practices provisions (although both applications followed lengthy investigations) and demonstrates a willingness by the Commissioner to pursue complex cases involving challenging issues that are unaddressed by the existence jurisprudence.

In February 2010, following a three-year investigation, the Commissioner initiated a proceeding against the Canadian Real Estate Association ("CREA") under the abuse of dominance provision (section 79). The Commissioner alleged that by adopting and enforcing certain rules restricting access to the multiple listing service (MLS) system and trademarks, CREA had, through its members, lessened or prevented competition substantially in the market for residential real estate services in Canada. The Commissioner took issue with the minimum service requirements imposed on all brokers as a condition of access to the MLS system and trademarks, including the prohibition against offering listing-only ("Mere Posting") services. The proceeding was concluded by a registered consent agreement filed with the Competition Tribunal on October 25, 2010. Under the Consent Agreement, which has a term of 10 years, CREA has agreed not to adopt, maintain or enforce any rules that prevent members from providing or offering to provide "Mere Posting" services or that discriminate against members that offer such services. CREA has also agreed not to license MLS trademarks to any real estate board member that adopts or enforces rules that are inconsistent with the requirements of the consent agreement. The case reconfirms the Bureau's willingness to challenge rules restricting access to proprietary networks, whether or not protected by intellectual property rights.

At the end of 2010, the Commissioner filed an application under the new civil resale price maintenance provision (section 76) seeking to strike down Visa and MasterCard rules that prevent merchants from imposing a surcharge on credit card payments or discriminate between customers based on the credit card submitted for payment, and that require merchants to honour all Visa and MasterCard cards, including cards with higher fees.  The Bureau alleges that these rules result in higher prices for consumers, as merchants are forced to pass on higher Visa and MasterCard fees than would otherwise prevail.  The application follows an investigation launched in April 2009 in response to complaints filed by merchants and their associations. Interestingly, although the investigation was originally pursued under section 79 (abuse of dominance), the application is based solely on price maintenance. This may be because of the lower competitive impact threshold under the price maintenance provision (which requires an adverse effect on competition rather than substantial lessening or prevention of competition), as well as the fact that joint dominance need not be established.

Also of note was the Bureau's announcement in February 2010 that it would not consent to a variance of the Interac consent order to permit Interac to restructure as a for-profit association, although it would be willing to consider other changes to Interac's structure to provide it with greater flexibility to respond to competitive entry.  According to the Bureau's press release, the decision was based on: Interac's continued dominance; the effectiveness of the not-for-profit restriction in preventing potentially anti-competitive conduct; and the existence of alternative measures that would allow Interac to remain competitive without a for-profit structure.  The Commissioner's rejection of a for-profit structure is at odds with the usual premise that market-based profit-maximization is the preferred market structure.

The Commissioner also published in 2010 a revised "Regulated" Conduct bulletin8.  The revised bulletin addresses the new criminal and civil conspiracy provisions that came into force in March 2010.


The Bureau has continued to challenge Canadian advertising practices that it considers to contravene the Competition Act. In 2010 the Bureau took action:

  • in respect of a telecommunications company to stop what the Bureau viewed as misleading advertising with respect to claims asserting the superior performance of its discount cell phone and text services over those provided by new entrant competitors;
  • in respect of a distributor regarding representations made in the sale and promotion of hot tubs and spas which conveyed, in the view of the Bureau, the impression that the products and/or their insulation were eligible for certification by the ENERGY STAR Program;
  • in respect of two different retailers in connection with their issuance of savings cards on the sale of merchandise, for the failure, in the Bureau's view, to adequately disclose conditions to redeem such savings cards; and
  • resulting in 450,000 textile articles being re–labelled and over 250 web-pages corrected to ensure that textile articles derived from bamboo are accurately labelled and advertised. 


Private Actions for Damages

In 2010, courts continued to exhibit a fondness for expanding the availability of civil remedies to plaintiffs in competition-related litigation.  As with the developments in the previous year, this was most notable in the class action certification area.

Competition Class Action Certification

In Irving Paper Ltd., et al. v. Atofina Chemicals, et al.9, leave to appeal was denied in a 2009 decision that certified a class of direct and indirect purchasers of hydrogen peroxide in Canada. Although leave to appeal was denied, the court disagreed with the certification judge's decision on a number of points relating to the assessment of expert opinion evidence tendered on these types of issues relating to evidence of common impact and the methodology for assessing damages, but nevertheless concluded that there was no reason to doubt the correctness of the order of the lower court granting certification. The "vigorous analysis" that the defendants had urged upon the court was rejected. The court found that the certification judge is not required to engage in any merits analysis of the evidence including the expert evidence. Rather, the expert evidence must demonstrate a "viable methodology" for proving loss on a class-wide basis.

The same month as the decision in Irving Paper, the Supreme Court of Canada dismissed an application for leave to appeal in Pro-Sys Consultants Ltd. v. Infineon Technologies AG10.  In Pro-Sys, the Court of Appeal reversed a lower court decision which had refused to certify a class of direct and indirect purchasers of DRAM products. In reasoning similar to the Ontario court in Irving Paper, the court of appeal found that only a minimum evidentiary basis was necessary to establish harm on a class-wide basis and that only a "plausible" methodology needs to be presented by expert opinion evidence at that stage.

The Irving Paper and Pro-Sys decisions have served to substantially lower the threshold for the acceptance by Canadian courts of class action treatment for actions involving competition law violations.  For example, in Quizno's Canada Restaurant Corporation v. 2038724 Ontario Ltd.11, the plaintiff alleged that franchisees were charged non-competitive prices for supplies that they were obliged to pay pursuant to their franchise agreements. The Ontario Court of Appeal overturned the decision of the lower court which had accepted the defendant's claims that the action lacked a workable method for calculating what the franchisees would have paid in the absence of any competition related offence. The Court of Appeal reasoned that only a demonstration of a "reasonable likelihood" that damages could be proven on an aggregate basis was necessary to attain class certification status.  Similar outcomes favourable to plaintiffs were made in Pro-Sys v. Microsoft12 and Sun-Ripe Products Ltd. v. Archer Daniels Midland Company13.

Misleading Representation Claims

The results for plaintiffs were decidedly mixed in respect of allegations of misleading representation contrary to section 52 of the Competition Act.  In Bell Aliant v. Rogers Communications Inc.14, the New Brunswick Court of the Queen's Bench granted Bell Aliant an injunction relating to various claims by the defendant respecting its internet service being, among other things, the "fastest and most reliable speed". The court held there is a serious issue to be tried as to whether the defendant's representations were false and misleading and contrary to section 52 of the Competition Act

In contrast, in Singer v. Schering-Plough Canada Inc.15, the court refused to certify the proposed class action against sunscreen manufacturers who were accused of false advertising and labelling contrary to section 52 of the Competition Act. The court determined that there were many evidentiary issues that had not been addressed by the plaintiff notwithstanding that the threshold for certification in Ontario is notably not a high one. In this action, it was alleged that the defendants were misrepresenting that their products provide equal protection against harmful UVA and UVB rays of the sun. It was alleged that the packaging, labelling and advertising of the sunscreen products were false and misleading. As the court noted, to make out a claim for a civil remedy pursuant to the Competition Act, a plaintiff must show a breach of section 52 and loss or damage suffered as a result of that breach. In Singer, the court determined that the plaintiff had failed to make out a causal connection between the breach and the alleged damages suffered by the plaintiff.  It held that a consumer cannot recover damages, in the abstract, by merely proving that a manufacturer made a false and misleading representation to the public.


1 Competition Bureau, online: .

2 Competition Bureau, online: .

3 Competition Bureau, online: .

4 C-550/07 P Akzo Nobel Chemicals and Akcros Chemicals v Commission and Others, September 14, 2010 ("Akzo Nobel")

5 Competition Bureau, online: .

6 Competition Bureau, online: .

7 Competition Bureau, online: .

8 Competition Bureau, online: .

9 2010 CarswellOnt 3898

10 2010 CarswellBC 1361

11 2010 ONCA 266

12 2010 BCSC 285

13 2010 BCSC 922

14 2010 NBQB 166

15 [2010] O.J. No. 113

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

In association with
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.