12:00 pm – 1:00 pm

Join us as we discuss competition law trends relating to these marketing practices in Canada and the United States. Dark patterns are manipulative design practices used in consumer interfaces. Junk fees are added onto the core product or service, and do not provide a benefit to the consumer. Drip pricing is advertising an unattainable price.

These concepts can be interrelated. For example, junk fees can be “dripped” onto the overall price later in the purchasing process. While drip pricing has been defined and deemed misleading under the Competition Act, it can be more complicated to identify and assess dark patterns or junk fees under competition law. As a result, if these practices are to be regulated, it may require specialized legislation that goes beyond competition law.

To complement the legal perspective, the panel will feature a behavioural science perspective from the Competition Bureau on how these practices can interfere with consumer decision-making in ways that harm competition.

Speakers:

Ian Roberts, Behavioural Scientist, Competition Bureau
Adam Hudes, Partner, Vinson & Elkins
Julia Potter, Partner, Blakes

Moderator:

Kiran Khan, Senior Counsel, Competition Law, CIBC