Rogers says the Bureau overlooked that the Minister of Industry had rejected the terms of the initial deal, including spectrum transfer, before the agency filed its application in March, 2022
and Videotron Ltd. in response to the written arguments submitted last week by Competition Commissioner Matthew Boswell. In December, the Competition Tribunal had dismissed the bureau’s claims that the merger would result in less competition among telecommunications providers in Canada.
The company also countered the bureau’s claims that the tribunal’s decision could set a dangerous precedent for future mergers in Canada. In its factum submitted last week, the bureau said the ruling could reduce the incentive for settling contested transactions before going to court and instead encourage companies to put forward tactical mergers as nothing more than “trial balloons.”
The company conceded that the commissioner had “achieved a significant win” when its challenge of the deal resulted in the sale of Freedom Mobile, but said its continued arguments relied on “collateral attacks” and “extravagant theories” that amounted to unhelpful rhetoric.
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