By Ahmad Hathout
OTTAWA — The Competition Bureau today filed a motion at the Federal Court of Appeal asking for the court to allow it to submit into evidence an application by TekSavvy at the CRTC challenging the legality of Rogers allowing Videotron access to its network at below market rates as a deal to help close its purchase of Shaw.
The largest independent telecom in Canada filed the application yesterday for the CRTC to review whether Rogers could provide Videotron wholesale access to its network at below market rates, a deal TekSavvy said could be rampant in the industry that confers onto the recipient an undue preference.
But the Part 1 application was filed after the bureau already submitted its arguments against the Competition Tribunal’s decision to allow the Rogers-Shaw deal to move forward. The bureau said in its own arguments that the tribunal failed to take into consideration the possibility that such a wholesale access deal — which the tribunal said would bolster Videotron as a competitive player in the market — would fall through if challenged.
“The pleading is relevant to the disposition of the appeal in so far as it supports the Commissioner’s argument in paragraph 115 of his memorandum of fact and law,” the bureau said in a motion letter.
The court hearing will be held next Tuesday.
Screenshot of Matthew Boswell, commissioner of competition
