Rogers says Competition Bureau’s appeal based on ‘collateral attacks,’ calls for dismissal

Rogers, Shaw, and Vidéotron are asking the courtroom to dismiss an enchantment from the Competitors Bureau.

The 4 events will face the Federal Courtroom of Attraction on January twenty fourth to make their respective instances on Rogers’ takeover of Shaw and Vidéotron’s acquisition of Freedom Cell.

The events beforehand confronted the Competitors Tribunal in a weeks-long listening to to debate related feats. The tribunal supported the telecoms and rejected the bureau’s arguments. The bureau appealed, stating the tribunal errored in its resolution.

The response from legal professionals representing the three telecoms says the tribunal’s findings have been “rigorous” and based mostly on proof.

“The authorized errors [the Commissioner of Competition] depends on are collateral assaults on the tribunal’s evaluation of the proof and its findings of reality, dressed up as pure questions of legislation.”

The bureau filed its preliminary enchantment on December thirty first and up to date it on January tenth. The bureau argues the tribunal ought to’ve primarily centered on Rogers’ merger with Shaw and never solely on Vidéotron buying Freedom Cell. In its findings, the tribunal mentioned it could have reached its conclusion both manner. In its up to date enchantment, the bureau mentioned the tribunal failed to explain how it could get the identical conclusion, leading to a authorized error.

The respondents say the bureau’s enchantment ignores a number of important features, together with that the commissioner was conscious “of each side” of the Rogers and Shaw merger and “intently concerned with Vidéotron.”

“The suggestion that the sale of Freedom was a “trial balloon”–some form of litigation stratagem to catch [the commissioner] unexpectedly–is untrue to the file and unhelpful to this courtroom,” the respondents say. “Having now withdrawn his declare that the Tribunal ‘rushed to judgment,’ he makes no equity argument earlier than this courtroom.”

The response additional revealed Rogers and Shaw offered the bureau with two potential consumers for Freedom Cell earlier than persevering with with Vidéotron.