“Even if the Competition Tribunal erred on the narrow legal points the Commissioner now raises in this court, we are not persuaded that the result could have been different,” Stratas said.
The merger now only requires approval from Innovation, Science and Economic Development Canada , led by Industry Minister François-Philippe Champagne. A House of Commons committee, which plans to make recommendations to the minister, is set to hold meetings on Jan. 25 to review the updated deal, including the proposed remedy to sell Freedom Mobile to Vidéotron.Article content
Earlier Tuesday, the judges had asked questions about the Competition Bureau’s legal arguments, reminding the parties that the court could only interfere if the tribunal had committed “palpable and overriding errors” in its decision, which one judge said was “a very high test.” “We disagree with Commissioner,” Stratas said later in the day, adding that the burden of proof would only matter if there is a gap on the key evidence or where overall the case is so close that a makeweight or tiebreaker is needed. “Close, this case, was not,” he said.
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