Competition Tribunal clears path for Rogers-Shaw merger

spaminator

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Competition Tribunal clears path for Rogers-Shaw merger
Author of the article:Canadian Press
Canadian Press
Published Dec 29, 2022 • 2 minute read

OTTAWA — The Competition Tribunal has dismissed an application from Canada’s competition watchdog seeking to block Rogers Communications Inc.’s proposed $26-billion purchase of Shaw Communications Inc., clearing a path for the deal to go ahead.


In a summary of its decision released Thursday, the Tribunal says the merger of the two telecommunications companies would not result in materially higher prices.

The deal, which includes the sale of Shaw-owned Freedom Mobile to Quebecor-owned Videotron Ltd., would not likely prevent or lessen competition substantially, the decision said.


Quebecor agreed to buy Freedom in a $2.85 billion deal earlier this year.

Concerns that Bell and Telus – the closest competitors to Rogers in Canada’s telecom market – would be unable to compete with the combined company were also dismissed.

“The Tribunal has also determined that the strengthening of Rogers’ position in Alberta and British Columbia, combined with the very significant competitive initiatives that Telus and Bell have been pursuing since the Merger was announced, will also likely contribute to an increased intensity of competition in those markets,” the decision reads.


The Tribunal says a more detailed decision will be released in the next two days.

The Competition Bureau Canada responded late Thursday to the decision.

“I am very disappointed that the Tribunal is dismissing our application to block the merger between Rogers and Shaw,” Matthew Boswell, Commissioner of Competition, said in a brief statement. “We are carefully considering our next steps.”

The Competition Tribunal held four weeks of hearings to discuss concerns about the proposed deal earlier this year.

Throughout the hearing, the Competition Bureau argued the merger would lessen competition in the telecom market, trigger higher prices and lead to poor service.

Rogers and Shaw argued the deal would enhance competition and be better for consumers.

Earlier this year, Industry Minister Francois-Philippe Champagne said he would not allow Rogers to acquire all of Shaw’s wireless licences, suggesting the final approval for the merger required concessions including the sale of Freedom.

The deal’s current closing date of Dec. 31 is just days away, though the parties have the option to extend through the end of January if needed.
 

The_Foxer

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Since prices are already in the stratosphere, they are probably right about not raising prices significantly.
I wish you weren't right. And yet i'm sure they'll find a way to raise them again for some reason. Solar flare environment fee. Electromagnetic tax. Unlimited talk but you pay extra for verbs. Who can say.
 

spaminator

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my sister was hoping that the rogers/shaw merger would go through so that she would get a rogers/freedom mobile discount. 💡
 

The_Foxer

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I am hoping to bundle my Shaw Satellite and Rogers cell.......Wish me luck.
You know you can switch to shaw cell and it uses the rogers towers, that's a pretty steep discount around here. And i was told by a friend in shaw that if they merge you'll be alllowed to keep the shaw package.
 
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Jinentonix

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I discovered something unsettling during the last power outage. Our landline doesn't work when there's no power and that's a problem. And no, go fuck yourself, I'm not getting a fucking hand-held electronic crack device. Shouldn't have to.
 

The_Foxer

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I discovered something unsettling during the last power outage. Our landline doesn't work when there's no power and that's a problem. And no, go fuck yourself, I'm not getting a fucking hand-held electronic crack device. Shouldn't have to.
well, the only thing i can suggest as an alterantive is that often when the power is out the internet is still up. Not always of course but often. So you COULD get a voice over IP phone as back up and get osomething like a 1500 UPS system as back up power for that and have an internet phone available. Or maybe just get a generator for your house? Pretty simple to throw in a back up breaker box and manually flip it when there's a power outage, mine does it automatically but you don't need anything fancy.
 

Jinentonix

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well, the only thing i can suggest as an alterantive is that often when the power is out the internet is still up. Not always of course but often. So you COULD get a voice over IP phone as back up and get osomething like a 1500 UPS system as back up power for that and have an internet phone available. Or maybe just get a generator for your house? Pretty simple to throw in a back up breaker box and manually flip it when there's a power outage, mine does it automatically but you don't need anything fancy.
We rent, and the only feasible place to put a generator is in the fire closet on my down stairs terrace. But the FD don't like it when people put shit in those closets. In fact when they do their regular inspections they check them and fine people if they have shit in them.

For us, when the power is out, so's the internet. Our phone is actually plugged into our modem so when the power goes out...

It's not a huge deal. The outages aren't frequent and most of them are relatively brief, up to an hour or two at most. Even the one we had Christmas Eve Day only lasted about 2 hours. But this merger had me thinking when the 9-1-1 service was down nationwide and the big stink that was made about it, and yet that's what we (my wife, son and I) go through every time there's a power outage.
This is a recent thing since we upgraded our package. Still pissed that we also lost our call display on the TV when we upgraded. 🤬
 

The_Foxer

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For us, when the power is out, so's the internet. Our phone is actually plugged into our modem so when the power goes out...
Well - maybe all you need is a ups back up power supply for the modem? I've got a house generator that kicks in automatically when we get an outage (we get a LOT of them here in the sticks so it was one of the first things i bought for the house), and i've got good ups's for the electronics till the genny can kick in. And 90 percent of the time during an outage as long as my shaw router has power we have internet.

But as you say - how often does it happen in your neck of the woods, and to be honest i remember well a time when there was no such thing as cell phones etc and a power outage meant you were on your own anyway and people learned to deal with it, ,

I totally get what you're saying about a 911 outage if the two were merged though. In this day and age people have come to rely so heavily on that service that without it they'd be pretty paralyzed. It would be very dangerous.
 
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spaminator

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Rogers, Shaw disappointed by Competition Bureau appealing Tribunal decision
Author of the article:Canadian Press
Canadian Press
Published Dec 30, 2022 • 4 minute read

OTTAWA — The Competition Bureau is appealing the Competition Tribunal’s dismissal of its case against Rogers Communications Inc.’s $26-billion takeover of Shaw Communications Inc., the agency said Friday.

The telecom companies said Friday that they were informed of the bureau’s intent to appeal the Tribunal’s decision, released late Thursday, as well as that the bureau will apply for an injunction to block the deal from closing until an appeal is heard.


“We are deeply disappointed that the Commissioner continues to attempt to deny Canada and Canadians the advantages that will come from these proposed transactions,” the companies said in a joint statement.


The Competition Bureau confirmed its appeal Friday via email and Twitter, and said it won’t be issuing a formal statement at this time, but said there would be more updates in the coming days.



Commissioner of Competition Matthew Boswell said in a statement late Thursday that he was very disappointed at the Tribunal’s dismissal and was carefully considering next steps.

The Competition Tribunal issued only a summary of the decision, with plans to release the full text by late Saturday, concluding that the merger was not likely to result in higher prices for wireless customers in Western Canada, and that the Tribunal was satisfied the plan to sell Shaw’s Freedom Mobile to Quebecor Inc.’s Videotron was adequate to ensure competition isn’t substantially reduced.

The decision clears a path for the deal to go ahead, requiring only approval from federal Industry Minster Francois-Philippe Champagne.


“We are pleased with the favourable decision,” said Rogers and Shaw in a joint statement earlier Friday. “We look forward to reviewing the details of the decision and working with the Minister of Innovation, Science and Industry so we can clear the final regulatory hurdle to close these transactions.”

Minister Champagne’s spokesperson Laurie Bouchard said they will review the decision in detail and will have more to say in due course, while opposition leader Pierre Poilievre said at a news conference that he has serious concerns about more consolidation in the telecoms sector.

Rogers and Shaw thanked the Tribunal for its swift decision, as they had set a closing date for the deal of Dec. 31 and face additional payments to bondholders if it went beyond that, but they said Friday they had extended the close to Jan. 31, 2023.


An injunction, if granted, would push the closing date back further still.

What the grounds for appeal could be is difficult to say without the full text of the decision, said Jennifer Quaid, an associate professor and vice-dean of research at University of Ottawa’s Faculty of Law.

Any potential precedents will also have to wait to be seen in the full decision, but for now it looks like a fairly standard decision, said Quaid.

“It’s basically, unfortunately, par for the course merger law here … it’s fair to say that most of us who know merger law were perhaps disappointed but not surprised.”

The Tribunal has never fully blocked a merger, as the Competition Bureau was seeking, while only in a couple of cases has it forced companies to sell some assets to approval a deal, she said.


The decision comes after weeks of hearings that wrapped Dec. 15 where the Competition Bureau pushed its case that the deal would significantly increase Rogers’ national market share and power and that the sale of Freedom to Videotron was not enough to address the anticompetitive effects of the merger.

In its summary, the Tribunal said Videotron’s entry into Western Canada would be able to offer prices at least as competitive as what was offered before the merger, while overall the deal is also likely to spur increased competition among the three major telecoms companies in the region.

“The merger and divestiture are not likely to result in materially higher prices, relative to those that would likely prevail in the absence of the arrangement,” the Tribunal said.


Quaid said the speed of the decision is quite a bit faster than in the past, where the Tribunal has taken months to issue a ruling, but that the hearing was conducted under an expedited process.

She said the unsurprising decision points to potential problems in Canada’s competition laws, and the importance of the ongoing review of the merger review system. The review should tackle a range of issues, including potentially broader ones like the distribution of a merger’s benefits, which currently don’t much factor in.

“The time is ripe for taking a harder look at some things that traditionally were not in the radar,” said Quaid.

Keldon Bester, co-founder of the Canadian Anti-Monopoly Project, said in a statement that the decision is a product of Canada’s permissive and outdated merger laws, but that the federal government could still make a difference by setting out more aggressive pricing targets as part of its conditions for approval, as well as timelines to meet them and consequences for not doing so.
 

spaminator

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Competition Bureau gets temporary stay of Rogers-Shaw merger decision
Author of the article:Canadian Press
Canadian Press
Published Jan 02, 2023 • 1 minute read

OTTAWA — The Competition Bureau says a Federal Court has issued an emergency stay temporarily suspending the Competition Tribunal’s dismissal of its case against Rogers Communications Inc.’s $26-billion takeover of Shaw Communications Inc.


The federal agency says the suspension will remain in place until its application for a stay and an injunction is heard.


The injunction would block the deal from closing until the Bureau’s full appeal of the decision, rendered on Thursday, is heard.

The Tribunal said in its ruling that the merger was not likely to result in higher prices for wireless customers and that it was satisfied a plan to sell Shaw’s Freedom Mobile to Quebecor Inc.’s Videotron was adequate to ensure competition isn’t substantially reduced.


The Bureau had sought to block the merger and in its appeal argues that the Tribunal acted outside of its jurisdiction in a “rush to judgment.”

If the Tribunal’s decision stands, the merger will only require the approval of federal Industry Minister Francois-Philippe Champagne to go ahead. Champagne said Saturday that he will wait until there is “clarity” in the ongoing legal process before issuing a decision.

The deal was originally scheduled to close by the end of the year, with a possible extension to Jan. 31.
 

spaminator

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Federal Court of Appeal sets Jan. 24 for hearing on Rogers-Shaw deal
Author of the article:Canadian Press
Canadian Press
Published Jan 03, 2023 • 2 minute read

OTTAWA — The Federal Court of Appeal will hear the Competition Bureau’s appeal of a decision that cleared the way for Rogers Communication Inc.’s takeover of Shaw Communications Inc. on Jan. 24.


The Competition Bureau is appealing the Competition Tribunal’s dismissal last week of its efforts to block the $26-billion deal, stating the tribunal made fundamental errors of law. The bureau on Monday secured a temporary, emergency stay to halt the deal until the Federal Court of Appeal hears its case.


Jonathan Lisus, a lawyer representing Rogers, said Tuesday that a formal order for the hearing date will come Wednesday but that the Commissioner of Competition will have to submit its case by Jan. 13 while the companies will have until Jan. 17 to respond.

In a filing to the appeals court, Rogers and Shaw pushed for an expedited appeals process as they still look to close the deal by their already extended Jan. 31 deadline.


The two companies said in their submission that if the deal were to go beyond the date there is a “real risk that the transaction will not close in its current form, or at all.”

RBC analyst Drew McReynolds said in a note earlier Tuesday that he still thinks the deal will go through.

“While the timing of the deal closing continues to be somewhat uncertain, we believe each of the three companies remains committed to the transactions and that there is a high likelihood that the transactions close.”

The Competition Bureau faces an “uphill battle” to overturn the tribunal’s ruling, while even if the deal is delayed into mid 2023 it would likely still close, said McReynolds.

He said there was however still the remote chance that the bureau is successful in its appeal, or in the case of another loss, the bureau could potentially further delay the deal by appealing to the Supreme Court of Canada, which could stretch out a closing into an unsustainable timeline.


The deal also still requires approval from the department of Innovation, Science and Economic Development Canada. Minister Francois-Philippe Champagne said in a statement Saturday that he will make a decision only after there is clarity on the ongoing legal process.

In its ruling last week, the tribunal said the merger was not likely to result in higher prices for wireless customers and that it was satisfied the plan to sell Freedom Mobile was adequate to ensure competition isn’t substantially reduced.

Rogers and Shaw made a joint statement Friday noting their deep disappointment in the bureau’s efforts to block the deal but they remain committed to seeing it through.

The bureau had argued that the merger of the two telecommunications companies would lessen competition, trigger higher prices and lead to a worsening of service.
 

Dixie Cup

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Since prices are already in the stratosphere, they are probably right about not raising prices significantly.
Riiight - prices won't go up? I'll challenge that statement in, oh say 1 year and we'll "circle back" ok?

For whatever reason, Canada seems to have an issue with competition, especially in the media area. This is disgusting & unconscionable and will result in higher prices down the road. Just wait and see 'cuz it's never happened before right?
 
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Taxslave2

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Riiight - prices won't go up? I'll challenge that statement in, oh say 1 year and we'll "circle back" ok?

For whatever reason, Canada seems to have an issue with competition, especially in the media area. This is disgusting & unconscionable and will result in higher prices down the road. Just wait and see 'cuz it's never happened before right?
turdOWE has a problem with media not on his payroll.
 
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spaminator

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House of Commons committee plans to take another look at updated Rogers-Shaw deal
Author of the article:Canadian Press
Canadian Press
Published Jan 13, 2023 • 1 minute read

OTTAWA — The House of Commons industry and technology committee is planning to initiate another study of the proposed Rogers-Shaw merger.


Conservative MP Rick Perkins and New Democrat MP Brian Masse confirmed to The Canadian Press that the committee plans to meet on Jan. 25 to review the proposed $26 billion transaction.


On Jan. 24, the Federal Court of Appeal will hear the Competition Bureau’s appeal of a decision that cleared the way for Rogers Communication Inc.’s takeover of Shaw Communications Inc.

Masse told The Canadian Press that all political parties agreed to call the committee meeting.

Members of Parliament on the committee had previously reviewed the prospective merger in March and recommended against the transaction.

Now, they will conduct a second investigation into the deal, which has since changed to include the sale of Shaw-owned Freedom Mobile to Quebecor-owned Videotron Ltd.


Perkins said in an interview that Parliament should have the opportunity to review the deal as it now stands, since the study conducted in March was of a previous version of the proposed transaction.

To go ahead, the deal also still requires approval from Innovation, Science and Economic Development Canada.

And while that decision lies in the hands of Industry Minister Francois-Philippe Champagne, Perkins said the committee can provide “some useful perspective.”

“We can look at this from a much broader perspective of whether or not we think competition is harmed at all by particular deal,” he said.

Champagne has previously said he would not allow Rogers to acquire all of Shaw’s wireless licences, suggesting the final approval for the merger would require concessions including the sale of Freedom.

The minister has also indicated he will make a decision only after there is clarity on the ongoing legal process.
 

Dixie Cup

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Edmonton
House of Commons committee plans to take another look at updated Rogers-Shaw deal
Author of the article:Canadian Press
Canadian Press
Published Jan 13, 2023 • 1 minute read

OTTAWA — The House of Commons industry and technology committee is planning to initiate another study of the proposed Rogers-Shaw merger.


Conservative MP Rick Perkins and New Democrat MP Brian Masse confirmed to The Canadian Press that the committee plans to meet on Jan. 25 to review the proposed $26 billion transaction.


On Jan. 24, the Federal Court of Appeal will hear the Competition Bureau’s appeal of a decision that cleared the way for Rogers Communication Inc.’s takeover of Shaw Communications Inc.

Masse told The Canadian Press that all political parties agreed to call the committee meeting.

Members of Parliament on the committee had previously reviewed the prospective merger in March and recommended against the transaction.

Now, they will conduct a second investigation into the deal, which has since changed to include the sale of Shaw-owned Freedom Mobile to Quebecor-owned Videotron Ltd.


Perkins said in an interview that Parliament should have the opportunity to review the deal as it now stands, since the study conducted in March was of a previous version of the proposed transaction.

To go ahead, the deal also still requires approval from Innovation, Science and Economic Development Canada.

And while that decision lies in the hands of Industry Minister Francois-Philippe Champagne, Perkins said the committee can provide “some useful perspective.”

“We can look at this from a much broader perspective of whether or not we think competition is harmed at all by particular deal,” he said.

Champagne has previously said he would not allow Rogers to acquire all of Shaw’s wireless licences, suggesting the final approval for the merger would require concessions including the sale of Freedom.

The minister has also indicated he will make a decision only after there is clarity on the ongoing legal process.
We will never get better pricing on cell phones if government keeps approving take overs. We can never have true competition if bigger companies keep taking over the small ones. This is disgusting & should never be allowed to happen because it's always detrimental to consumers since we pay the price.
 

The_Foxer

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We will never get better pricing on cell phones if government keeps approving take overs. We can never have true competition if bigger companies keep taking over the small ones. This is disgusting & should never be allowed to happen because it's always detrimental to consumers since we pay the price.
Well you're on the right track. But in reality it's not that we have 'big' companies instead of small - big companies CAN theoretically offer better prices than small ones. It's the lack of competition in BIG companies that's the problem.

American companies cannot compete in Canada. IF that were allowed prices would fall overnight to about half of what they are now.

I understand the idea that it's important we own our own communications infrastructure, but they've gone about that the wrong way. And as a result we suffer price wise.
 

spaminator

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Rogers, Shaw extend closing date of merger to Feb. 17
Author of the article:Canadian Press
Canadian Press
Published Jan 30, 2023 • 1 minute read

The companies involved in the Rogers Communications Inc. deal to buy Shaw Communications have extended the deadline to complete the transaction.


Rogers, Shaw, the Shaw Family Living Trust and Quebecor Inc. say they have extended the deadline to Feb. 17 from Tuesday.


If approved, the deal will see Rogers acquire Shaw, while Quebecor’s Videotron subsidiary will acquire Shaw’s Freedom Mobile wireless business.

The agreement is still waiting for approval by Industry Minister Francois-Philippe Champagne who must sign off on the transfer of wireless spectrum licenses from Shaw to Videotron.


The companies say they are continuing to work with the government to secure the final approval needed to close the transactions.

The deal cleared a key hurdle last week after the Federal Court of Appeal dismissed a Competition Bureau request to overturn approval of the agreement by the Competition Tribunal.