Shaw can’t sell its Freedom Mobile cellphone division to Videotron and the rest of its operations to Rogers, thanks to an injunction from the Federal Court of Appeal. The federal Competition Bureau, seeking to stop the deals, is appealing last week’s Competition Tribunal ruling that the $26-billion rearrangement of Canada’s telecom industry wouldn’t make the market less competitive. (The Logic)
Talking point: A key element in the bureau’s appeal is whether the tribunal dealt with the right deal—Rogers’s plain purchase of Shaw, which is what the bureau sought to prevent when it first objected, or the revised buyout that includes the Freedom divestiture to Videotron. That has legal implications for which side needed to prove what. In detailed reasoning released Saturday, the tribunal called the bureau’s argument “divorced from reality” and irrelevant, since the tribunal would approve the deal regardless. Rogers and Shaw said they’re disappointed Canadians won’t get the benefits of their deal yet. Their self-imposed deadline for completing the transaction is now Jan. 31; if it ultimately fails, Rogers has to pay Shaw $1.2 billion anyway.