OTTAWA — A lawyer for Rogers Communications today pushed back on the testimony of Dr. Nathan Miller, a professor at Georgetown University who compiled a report for the Commissioner of Competition supporting his opposition of the merger of Rogers and Shaw Communications and the proposed remedy that would see Quebecor subsidiary Videotron acquire Shaw’s Freedom Mobile.

Miller yesterday referred to the remedy as “inadequate” and claimed the divestiture would mean less incentive for the new owner to invest in Freedom. As he reiterated today, he is “skeptical” a divested Freedom would be profitable.

When questioned by Rogers’ lawyer Crawford Smith, Miller confirmed however that he did not review (and was not asked to review) Videotron’s business plan, which Smith said the Commissioner of Competition had since July.

Even still, Miller maintained his position. 

He agreed Videotron said it would “compete vigorously” in British Columbia and Alberta including by using TPIA but doubts it will be successful. 

In his report, he says he describes “the ways that they don’t have the assets in Ontario and British Columbia and Alberta that they have in Quebec and how that matters for this business model including their ability to offer the bundle,” Miller said. 

“I believe they say they’re going to compete vigorously. I’ve tried to assess their likelihood of success.” 

The hearing continues tomorrow at 9:30 a.m. ET. For instructions on how to watch online, please click here. 

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