BCE Inc. et Xplornet Communications Inc. (modification de CT-2017-007) - Ordonnance autorisant une demande en vertu de l'alinéa 106 (1) b) de la Loi sur la concurrence pour modifier un consentement (traduction)

BCE Inc. et Xplornet Communications Inc. (modification de CT-2017-007) - Ordonnance autorisant une demande en vertu de l'alinéa 106 (1) b) de la Loi sur la concurrence pour modifier un consentement (traduction)

The Tribunal granted the application because the Commissioner was satisfied that the modified divestiture agreement — as amended and approved — would prevent or not substantially lessen competition; the parties consented and the Tribunal, exercising its discretion, approved the specific textual modifications to the recorded consent defining the divestiture agreement and the number of affected subscribers.

Citation
2018 Trib conc 01
Parties
Applicant: Commissioner of Competition; Respondent: BCE Inc; Respondent: Xplornet Communications Inc
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
29 January 2018
Procedural Posture
Consent Modification Under S.106(1)(b) of the Competition Act / Application for Modification — Order Stage
Outcome
Application granted
Legal Topics
Consent Modification, Divestiture, Tribunal Discretion, Approval by Commissioner
Source Language
French
Competition Law Mergers and Acquisitions Remedies Tribunal Procedure Consent Modification Divestiture Tribunal Discretion Approval by Commissioner

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Parties

Commissioner of Competition

Applicant

BCE Inc

Respondent

Xplornet Communications Inc

Respondent

Procedural Posture

Consent Modification Under S.106(1)(b) of the Competition Act / Application for Modification — Order Stage

Legal Issues

  1. 1 Whether the proposed modification to the divestiture agreement remains sufficient to prevent a substantial lessening or prevention of competition
  2. 2 Whether the Tribunal should exercise its discretion to modify a previously recorded consent where the parties and the Commissioner consent

Ratio Decidendi

The Tribunal granted the application because the Commissioner was satisfied that the modified divestiture agreement — as amended and approved — would prevent or not substantially lessen competition; the parties consented and the Tribunal, exercising its discretion, approved the specific textual modifications to the recorded consent defining the divestiture agreement and the number of affected subscribers.

Court Disposition

Application granted

Orders

  • The recorded consent dated 15 February 2017 is modified: the definition of "divestiture agreement" is amended to refer to the binding and definitive agreement between Bell and Xplornet dated 14 February 2017, as modified and to the extent such modifications affect articles 3, 4 or 5 and as approved by the...
  • The definition of "divestiture-affected subscribers" is amended to mean the 24,700 postpaid wireless subscribers in Manitoba or any other subscriber determined under the divestiture agreement and approved by the Commissioner.