Competition Tribunal
Tribunal de la Concurrence
Citation: Canada (Commissioner of Competition) v Rogers Communications Inc. and Shaw Communications Inc., 2022 Comp Trib 11 File No.: CT-2022-002 Registry Document No.: 172
IN THE MATTER OF an application by the Commissioner of Competition for one or more orders pursuant to section 92 of the Competition Act, RSC 1985, c C-34 as amended.
BETWEEN:
The Commissioner of Competition (applicant)
and Rogers Communications Inc. and Shaw Communications Inc. (respondents)
and Attorney General of Alberta Videotron Ltd. (intervenors)
ORDER ON CONSENT (Motions Regarding Affidavits of Documents) [1] WHEREAS the Respondents filed a Notice of Motion dated July 21, 2022, before the Tribunal challenging some of the privilege claims identified in the Commissioner’s Schedule “B”;
[2] AND WHEREAS the Commissioner filed Notices of Motion dated July 28, 2022, before the Tribunal challenging some of the privilege claims identified in the Respondents’ Schedule “B” and seeking various relief regarding the Respondents’ Schedule “A” lists;
[3] AND WHEREAS the Respondents and the Commissioner have made enquiries and exchanged information related to the privilege claims identified in their respective Schedule “B”
lists of documents and have satisfied themselves that their respective motions may be adjourned, pending the outcome of oral discoveries,
[4] AND WHEREAS the Respondents and the Commissioner reserve the right to make any further enquiries into the privilege claims asserted by each party at the examinations for discoveries in respect of the documents identified in Schedule “B”;
[5] AND WHEREAS the Respondents and the Commissioner also reserve the right to make any further enquiries in respect of the documents identified in their respective Schedule “A” lists;
[6] AND WHEREAS the Respondents and the Commissioner have agreed, on a without prejudice basis to their right to return their respective motions before this Tribunal, to adjourn the motions.
THE TRIBUNAL ORDERS THAT: [7] The Respondents’ and the Commissioner’s respective motions are adjourned, sine die; and [8] The Respondents and the Commissioner shall each bear their own costs related to the issues addressed in this Order.
DATED at O ttawa, this 15t h day of A ugust, 202 2. TO BE SIGNED o n behalf of the Tribunal by the Chairperson.
(s) Andrew D. Little
COUNSEL OF RECORD: For the applicant: Commissioner of Competition John S. Tyhurst Derek Leschinsky Katherine Rydel Ryan Caron Kevin Hong Jasveen Puri
For the respondents: Rogers Communications Inc. Julie Rosenthal David Rosner Michael Koch Jonathan Lisus Crawford Smith Matthew Law Brad Vermeersch Patrick Wodhams
Shaw Communications Inc. Kent E. Thomson Derek D. Ricci Steven G. Frankel Chanakya Sethi
For the intervenors: Attorney General of Alberta Kyle Dickson-Smith Opeyemi Bello Andrea Berrios
Videotron Ltd. Emrys Davis John Rook Alysha Pannu