Last week, Innovation, Science and Industry Minister François-Philippe Champagne tried to spin his approval of the Rogers-Shaw merger and the enhanced role of Videotron as a win for Canadians, arguing that somehow fewer competitors would lead to greater competition. But in recent months, the Canadian communications landscape has shifted, not only with this merger but also with the gradual disappearance of a half-dozen independent providers who have been swallowed up by the large companies. What does this mean for the wireless and Internet competition in Canada? Is there any hope for consumers for a respite from some of the world’s highest prices? Paul Andersen is the Chair of CNOC – the Competitive Network Operators of Canada – and the President of E-Gate Networks, an independent provider. He joins the Law Bytes podcast to talk about the implications of the merger, the loss of many independent providers and recent leadership changes at the CRTC.
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Competition in Canada Takes Another Hit: Government Gives Go Ahead for Rogers – Shaw Merger
Innovation, Science and Industry Minister François-Philippe Champagne has worked hard to fashion himself as a future party leader based on boundless energy to sell Canada the world. Indeed, Champagne’s oft-repeated stories of cold calls that resulted in investments by companies such as Volkswagen and Moderna paint a picture of a minister jetting around the world in support of the Canadian economy. Unfortunately, Champagne’s record is also one of a minister less interested in what is actually happening at home. His privacy legislation has languished for months and he has been entirely missing on digital policy, where fishing expeditions such as the one involving Bill C-18 are likely to make companies reticent about entering the Canadian market. This morning there was another lasting and damaging development as the approval of Rogers-Shaw merger (or more accurately the approval of the transfer of licences that pave the way for the merger) will mean that Champagne will have presided over the destruction of the competitive communications market with both another major merger and the sudden disappearance of many independent providers.
Champagne’s Choice
The Rogers-Shaw merger saga was always destined to end on the desk of Innovation, Science and Industry Ministry François-Philippe Champagne. The merger has followed a familiar pattern: the companies started with a plan to merge without any divestitures that never stood a serious chance of approval, followed by adopting the Bell-MTS playbook of divesting assets to the weakest possible competitor in Xplorenet. When that didn’t fly, Videotron marched in to scoop up the wireless assets at a discount, complete with a story about exporting Quebec competition to other provinces and a politically attractive narrative for a Quebec-based minister who is reported to harbour future leadership ambitions.
The Law Bytes Podcast, Episode 153: Jennifer Quaid on the Competition Bureau’s Appeal of the Rogers-Shaw Merger Decision
The battle over the Rogers – Shaw merger has continued to escalate in recent days with TekSavvy filing an application with the CRTC on the wholesale access implications of the deal, a campaign to urge ISED Minister François-Philippe Champagne to reject the transaction, and a forthcoming Industry committee hearing on the situation. The merger heads for what may be its final legal showdown this week as the Federal Court of Appeal conducts its hearing on the Competition Bureau’s appeal of a recent decision from the Competition Tribunal that rejected its opposition to the proposed merger.
Jennifer Quaid is an Associate Professor and Vice-Dean Research in the Civil Law Section at the University of Ottawa, Faculty of Law. She is an expert on competition law and has been vocal throughout the Rogers-Shaw merger drama. She joins me on the Law Bytes podcast to unpack the legal arguments in the case, provides her prognostication on a potential outcome at the Court of Appeal, and offers insights into potential future competition law reforms in Canada in light of a national consultation on the issue.
Canadian Telcos Take Aim At Kodi Addon Site With Shocking Search: True Purpose to “Destroy Livelihood of the Defendant”
Canadian telecom giants Bell, Rogers, and Videotron have escalated their copyright fight against the sale and distribution of Android set-top boxes and websites that facilitate distribution of addons for Kodi software. Kodi boxes – Android set-top boxes pre-loaded with the open source Kodi media player software – have become increasingly popular in recent years. The set-top boxes turn standard televisions into “smart TVs”, enabling users to access their own content and a wide range of video content found online. By all accounts, this includes authorized content such as YouTube, Netflix or other online video providers, as well as unauthorized streaming services that offer access to unlicensed content. The set-top box providers do not make the content available themselves, but rather sell a device preloaded with software that can be used to access both infringing and non-infringing content. In the case of “addon” sites, the sites point to addons or plugins that can be added to the Kodi media player software to make it easier to access online content.
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