Lessons To Be Learned From The Chatr Wireless Inc. And Rogers Communications Inc. Case

On August 19, 2013 Justice Marrocco of the Ontario Superior Court of Justice released his final determination of the application commenced by the Commissioner of Competition in The Commissioner of Competition v. Chatr Wireless Inc. and Rogers Communications Inc.

The Complaint

The Commissioner of Competition commenced the application in November 2010 (amended in March 2011) seeking, among other things:

• a declaration that Rogers Communications Inc. ("Rogers") and its brand Chatr Wireless Inc. ("Chatr") had engaged in reviewable conduct contrary to paragraphs 74.01(1)(a) (false or misleading representations) and 74.01(1)(b) (representations not based on adequate and proper testing) of the Competition Act;