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ARTICLE · 03 JANUARY 2023

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Competition Bureau Loses Challenge To Rogers-Shaw-Vidéotron Mergers

Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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The Competition Bureau (Bureau) has lost its challenge to the C$26-billion merger between Rogers Communications Inc. (Rogers) and Shaw Communications Inc. (Shaw), given the divestiture...

CanadaAntitrust/Competition Law

The Competition Bureau (Bureau) has lost its challenge to the C$26-billion merger between Rogers Communications Inc. (Rogers) and Shaw Communications Inc. (Shaw), given the divestiture of the entirety of Freedom Mobile Inc. to Vidéotron Ltd. (Remedy).

The Competition Tribunal (Tribunal) found the Remedy will prevent material increases in prices and material decreases in service, quality, variety, and innovation.

Separate from the Tribunal's decision, the merger and Remedy still require approval from the Minister of Innovation, Science and Industry, François-Philippe Champagne (Minister). The Minister previously stated he would approve the transfer of the relevant spectrum licences from Shaw to Rogers and to Vidéotron, provided Vidéotron maintained ownership of the Freedom Mobile licences for at least 10 years and offered prices for wireless services in Ontario and Western Canada comparable to its current prices in Quebec, which are about 20 per cent lower than

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