Rogers - Shaw - Scheduling Order (s92)

Rogers - Shaw - Scheduling Order (s92)

The Tribunal concluded that the proposed schedule is appropriate and proportionate given the scope of the proceeding, prior steps in the merger review, the resources available, the parties' proposals and the directive in s.9(2) of the Competition Tribunal Act to act informally and expeditiously while preserving fairness; accordingly the Tribunal made a detailed scheduling order setting deadlines for discovery, motions, expert reports, confidentiality challenges, mediation windows and fixed hearing dates beginning November 7, 2022.

Citation
2022 Comp Trib 6
Parties
Applicant: Commissioner of Competition; Respondent: Rogers Communications Inc.; Respondent: Shaw Communications Inc.
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
17 June 2022
Procedural Posture
Mergers / Scheduling Order Pursuant to S.92 Application
Outcome
Scheduling order made approving detailed timelines for discovery, motions, mediation windows and hearing dates
Legal Topics
Section 92 Application, S.92 of the Competition Act, Scheduling Order, Expedited Proceedings, Confidentiality, Interventions, Privilege Challenges, Expert Evidence
Source Language
English
Competition Law Merger Review Administrative Law Section 92 Application S.92 of the Competition Act Scheduling Order Expedited Proceedings Confidentiality +3 more

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Parties

Commissioner of Competition

Applicant

Rogers Communications Inc.

Respondent

Shaw Communications Inc.

Respondent

Procedural Posture

Mergers / Scheduling Order Pursuant to S.92 Application

Legal Issues

  1. 1 Whether the Tribunal should approve the parties' proposed schedule for discovery, pre-hearing steps and hearing dates
  2. 2 Timing and format of the hearing (videoconference vs in-person)
  3. 3 Scope and timing for discovery, expert reports and confidentiality challenges

Ratio Decidendi

The Tribunal concluded that the proposed schedule is appropriate and proportionate given the scope of the proceeding, prior steps in the merger review, the resources available, the parties' proposals and the directive in s.9(2) of the Competition Tribunal Act to act informally and expeditiously while preserving fairness; accordingly the Tribunal made a detailed scheduling order setting deadlines for discovery, motions, expert reports, confidentiality challenges, mediation windows and fixed hearing dates beginning November 7, 2022.

Court Disposition

Scheduling order made approving detailed timelines for discovery, motions, mediation windows and hearing dates

Orders

  • Parties to follow the schedule for discovery, disclosure, affidavits of documents, requests to admit, examinations for discovery, expert reports, confidentiality challenges and motions as set out in the order
  • Hearing of evidentiary portion to commence November 7, 2022 at 10 a.m. (videoconference) with up to five weeks allocated; written arguments to be filed at end of evidence and oral arguments to follow as scheduled