Statement from the Commissioner of Competition on the Federal Court of Appeal’s decision regarding the Rogers-Shaw merger

January 24, 2023 – GATINEAU, QC – Competition Bureau

Matthew Boswell, Commissioner of Competition, issued the following statement about the Federal Court of Appeal’s ruling to dismiss the Competition Bureau’s appeal in the Rogers-Shaw matter.

“We are truly disappointed that the Federal Court of Appeal has dismissed our appeal of the Competition Tribunal’s decision in Rogers-Shaw.

“Although today’s developments are discouraging, we stand by the findings of our investigation and the decision to challenge the merger. We brought a strong, responsible case to the Tribunal after conducting a thorough examination of the facts.

“We continue to disagree with the Tribunal’s findings in this case. That being said, we accept the decision of the Federal Court of Appeal and we will not be pursuing a further appeal in this matter.

“We thank the many Canadians who provided their views as part of this process.

“We will never compromise in our efforts to protect and promote competition for the benefit of Canadians.”

Background:

In May 2022, the Competition Bureau filed court applications with the Competition Tribunal seeking a full block of Rogers’ proposed acquisition of Shaw. This action was taken because our position was that the transaction would likely harm millions of Canadian consumers in Alberta and British Columbia, through higher prices, lower quality service, and lost innovation for wireless services - an essential service that Canadians expect to be affordable and high quality.

The hearing of the application began on November 7, 2022 and ran through December 8, 2022. Closing oral arguments took place on December 13 and 14, respectively.

The Tribunal released an Information Note regarding the matter on December 29, 2022, indicating it intended to dismiss the Bureau’s application. The Bureau filed a notice of appeal with the Federal Court of Appeal regarding the Tribunal’s pending decision on December 30, 2022. The Tribunal’s full decision on the matter was issued on January 1, 2023.

On January 24, 2023, the Federal Court of Appeal heard and ultimately dismissed the appeal.