The competition watchdog is arguing that the tribunal made legal errors in the decision approving the proposed $20-billion takeover
Alexander Gay, a lawyer for the competition watchdog, argued that the tribunal’s decision to focus on the divestiture of Shaw’s Freedom Mobile wireless carrier to Quebecor Inc.’s Videotron Ltd. amounted to circumventing Canada’s competition laws.Rogers and Shaw announced their agreement to sell Canada’s fourth-largest wireless carrier to Videotron for $2.85-billion only after the bureau had already filed its application to block the takeover.
The bureau is arguing that the tribunal should have first weighed the impact of the proposed deal between Rogers and Shaw alone, before considering the divestiture of Freedom. Doing so would have put the burden on the cable companies to prove that the sale of Freedom to Videotron addresses any potential reduction in competition resulting from the takeover.
However, the tribunal said in its decision that even if it had done so, it would have arrived at the same decision. The tribunal is a quasi-judicial body that adjudicates cases brought by the bureau, an independent law-enforcement agency that seeks to protect competition in Canada. The three-judge panel overseeing the one-day appeal pushed back on some of Mr. Gay’s assertions, with one of them suggesting that even if any potential errors of law were addressed, the outcome may remain the same.Rogers and Shaw are aiming to close their deal by Jan. 31. The transfer of Shaw’s wireless licences to Videotron still requires approval from federal Industry Minister François-Philippe Champagne.
Lawyers for Rogers and Shaw have cautioned that the deal could fall apart if it does not close by the end of the month.
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