“I urge you to bare in mind that the requirement of substantiality as you consider the matter and in particular, when you consider the price and non-price effects that have been alleged by the Commissioner here,” Crawford Smith, a lawyer for Rogers, told the tribunal. “In our respectful submission, the Commissioner comes nowhere near meeting the substantiality that he has to show in order to succeed in relation to his application.
In closing arguments, Thomson said that the assumptions and evidence about the market share of Shaw’s mobile operations put forth by the regulator and the prospects for future profitability of the business don’t stand up to the evidence.“It’s incumbent upon this tribunal to step back and do a reality check,” he said.
Thomson said Miller considerably inflated the market share of Shaw’s mobile division in his report, which helped form the basis of his opposition.
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