TORONTO — With the clock ticking and the nation of Canada awaiting a decision, Canada’s Competition Tribunal on Wednesday (12/21) confirmed that the wait will continue. And, it has nothing more to say about the matter.
“The Tribunal wishes to advise the public that it intends to provide 24-48 hours notice on its website of the time and date of the issuance of its decision on the merits with respect to the application in Commissioner of Competition v Rogers Communications Inc. and Shaw Communications Inc., once that decision has been finalized.”
Media leaders and consumers alike have been awaiting a decision from the Tribunal that would end a 20-month battle with Canada’s antitrust body and the three of the nation’s biggest communications companies.
“At this time, that date and time remain uncertain. The Tribunal will make no further comments in the meantime,” it said.
Anti-competitive concerns have dogged the $20 billion CDN merger, announced in March 2021. To gain regulatory approval from Ottawa, a sale of Freedom Mobile to Montréal-based Quebecor was brought to the table. That plan ultimately died, with the Tribunal calling Quebecor a non-viable competitor with the company that would have emerged had Rogers and Shaw combined their assets.
The Competition Bureau has been relatively mum for two months, following the late October failure of Quebecor, Rogers and Shaw to mediate their difference at the behest of the Canadian government.
Then came a November 7 hearing, and on Wednesday (12/21) Acting Deputy Registrar Annie Ruhlmann encouraged the parties’ counsel “to reach an agreement regarding costs in a lump sum amount, plus disbursements, before they know the outcome in this proceeding.”
If they are unable to reach an agreement, “they shall provide submissions, not exceeding five pages for the Commissioner and five pages for the Respondents and the Intervener combined, before the close of business on December 29, or such earlier date as the Tribunal may advise.”
If the parties are unable to reach an agreement on a lump sum amount of costs payable to the prevailing party, they shall file their respective bills of costs together with their submissions.
— Additional reporting by Carina Newton in North York, Ont.
