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On 24 January 2023, the Federal Court of Appeal dismissed the Competition Bureau's appeal of the Competition Tribunal's decision to dismiss the Bureau's application to block the proposed $26 billion acquisition of Shaw Communications Inc. by Rogers Communications Inc. as well as the sale of Shaw's wireless business Freedom Mobile to Vidéotron. The central issue before the Competition Tribunal was whether Rogers's acquisition of Shaw, with the assumption of Shaw's subsidiary Freedom Mobile being sold to Vidéotron prior to closing the sale to Rogers, would have a substantial lessening or prevention of competition in the wireless telecommunications services sector in Alberta and British Columbia. Specifically, the Competition Tribunal evaluated the likelihood of material increases in prices or harm to non-price aspects of competition, such as service quality, variety, or innovation. After careful consideration, the Competition Tribunal determined that the proposed transaction would not likely have such effects and would not result in a significant lessening or prevention of competition. Consequently, the Competition Tribunal dismissed the case.
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