BCE Inc. and Xplornet Communications Inc. (variation of CT-2017-007) - Order allowing an application under paragraph 106(1)(b) of the Competition act to vary a Consent agreement

BCE Inc. and Xplornet Communications Inc. (variation of CT-2017-007) - Order allowing an application under paragraph 106(1)(b) of the Competition act to vary a Consent agreement

The Tribunal allowed the variation because the Commissioner, whose consent was given, was satisfied that the amended Divestiture Agreement (including the transfer of 24,700 postpaid subscribers and related assets) was sufficient to prevent any substantial lessening or prevention of competition, and the Tribunal...

Source-derived case information.

Citation
2018 Comp Trib 1
Parties
Applicant: Commissioner of Competition; Respondent: BCE Inc.; Respondent: Xplornet Communications Inc.
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
29 January 2018
Procedural Posture
Rescission or Variation of Consent Agreement or Order (mergers) / Application Under S.106(1)(b) Order on Written Record
Outcome
Application allowed; Consent Agreement varied.
Legal Topics
Consent Agreement Variation, Divestiture, Spectrum Transfer, Mobile Wireless Subscribers, Tribunal Discretion
Source Language
english
Competition Law Mergers Regulatory Approvals Consent Agreement Variation Divestiture Spectrum Transfer Mobile Wireless Subscribers Tribunal Discretion

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Parties

Commissioner of Competition

Applicant

BCE Inc.

Respondent

Xplornet Communications Inc.

Respondent

Procedural Posture

Rescission or Variation of Consent Agreement or Order (mergers) / Application Under S.106(1)(b) Order on Written Record

Legal Issues

  1. 1 Whether the Tribunal should vary a registered consent agreement under paragraph 106(1)(b) of the Competition Act
  2. 2 Whether the amended Divestiture Agreement is sufficient to prevent a substantial lessening or prevention of competition

Ratio Decidendi

The Tribunal allowed the variation because the Commissioner, whose consent was given, was satisfied that the amended Divestiture Agreement (including the transfer of 24,700 postpaid subscribers and related assets) was sufficient to prevent any substantial lessening or prevention of competition, and the Tribunal exercised its discretion to approve the agreed amendment to the Consent Agreement.

Court Disposition

Application allowed; Consent Agreement varied.

Orders

  • The Consent Agreement registered February 15, 2017 (CT-2017-007) is varied by amending the definition of "Divestiture Agreement" to include the binding and definitive agreement between Bell and Xplornet dated February 14, 2017, as may be amended with Commissioner approval where amendments relate to specified sections;
  • The definition of "Divestiture Subscribers" is amended to mean 24,700 postpaid mobile wireless subscribers based in Manitoba or such other subscribers determined in accordance with the Divestiture Agreement and approved by the Commissioner.