“The commissioner insists that no aspect of the transaction can proceed, regardless of what divestiture Rogers and Shaw propose and regardless of the benefits to Canadians and the Canadian economy that will be lost as a result,” the filing said. “The commissioner’s position is unreasonable, contrary to both the economic and fact evidence presented to the bureau, and not supportable at law.”
In the filing, Rogers itemized several ways the telco believes the Competition Bureau was incorrect in its assessment. For example, Rogers argued that the commissioner’s analysis of the competitive effects of the transaction in the wireless market is “flawed and incomplete.” The Toronto-based telco would also be able to make “significant improvements” to its national wireless network, benefitting the more than 13 million Canadians who currently subscribe to Rogers and Shaw, the filing said.