OTTAWA — The competition commissioner will appeal the decision by Competition Tribunal Thursday dismissing the watchdog’s application to block the merger between Rogers and Shaw.
The commissioner, which said the sale of Freedom to Quebecor was not a good enough concession for wireless competition in the country, said the office has filed a notice of appeal at the Federal Court of Appeal on Friday.
In a joint statement following the filing, Rogers and Shaw said they are “deeply disappointed” by the news.
“The Tribunal’s decision was the right one, and the Tribunal was clear in its summary that the transactions we have proposed are not likely to substantially lessen competition in Alberta and British Columbia,” the statement said. “Instead, as the Tribunal found, the transactions will likely result in an intensifying of competition. We are deeply disappointed that the Commissioner continues to attempt to deny Canada and Canadians the advantages that will come from these proposed transactions.”
The companies had already announced following the tribunal’s green light on Thursday that it would delay the closing of the transaction — including the sale of Freedom Mobile to Quebecor’s Videotron — at the end of January.
The tribunal’s decision on Thursday noted that the combination would not lessen competition because it imagines a formidable competitor in Videotron, which it says has a track record of delivering lower prices in Quebec.
Critics have said that the decision was rushed — it was released just over two weeks following closing arguments — and did not take into consideration the breadth of evidence against the deal.
The tribunal said it will release its full decision soon.
