Rogers - Shaw - Scheduling Order (s.104)

Rogers - Shaw - Scheduling Order (s.104) Collection Case Documents Date Filed 2022-05-18 Neutral citation 2022 Comp Trib 4 File Number CT-2022-002 Document Type Decisions Status Ongoing Type of Application Interim Order (Mergers) Section(s) of the Competition Act s. 104 - Interim order Proceeding Number 27 Decision Content Competition Tribunal Tribunal de la concurrence Citation: Canada (Commissioner of Competition) v Rogers Communications Inc. and Shaw Communications Inc., 2022 Comp Trib 4 File No.: CT-2022-002 Registry Document No.: 27 IN THE MATTER OF an application by the Commissioner of Competition under section 104 of the Competition Act, RSC 1985, c C-34, as amended, for interim orders pending the hearing of an application under section 92 of the Competition Act. BETWEEN: The Commissioner of Competition (applicant) and Rogers Communications Inc. Shaw Communications Inc. (respondents) Date of case management conference: May 17, 2022 Before: Mr. Justice Andrew D. Little (Chairperson) Date of order: May 18, 2022 SCHEDULING ORDER [1] FURTHER TO an application filed by the Commissioner of Competition (the “Applicant” or the “Commissioner”) on May 9, 2022 against Rogers Communications Inc. and Shaw Communications Inc. (together, the “Respondents”) under section 92 of the Competition Act, RSC, 1985, c C-34, and an application by the Commissioner for relief under section 104 of the Competition Act; [2] AND CONSIDERING the discussions with counsel for the parties at a case management conference (“CMC”) held on May 17, 2022; [3] AND FURTHER TO the Tribunal’s Practice Direction Regarding Timelines and Scheduling for Proceedings before the Tribunal (“Timelines Practice Direction”); [4] AND WHEREAS the Tribunal is satisfied that the following scheduling order is appropriate and respects the principles found in subsection 9(2) of the Competition Tribunal Act, RSC, 1985, c 19 (2nd Supp), which direct the Tribunal to deal with all matters as informally and expeditiously as the circumstances and considerations of fairness permit, as well as the Timelines Practice Direction; THE TRIBUNAL ORDERS THAT: [5] The schedule for the steps in connection with the Commissioner’s application under section 104 of the Competition Act shall be as follows: Tuesday, May 31, 2022 Respondents to file their Responses to the application under section 104 and responding application records Wednesday, June 1, 2022 at the latest Parties to identify witnesses for cross-examination, except Reply witnesses Tuesday, June 7, 2022 Applicant may file a Reply and a reply record Wednesday, June 8, 2022 – Cross-examinations Friday, June 10, 2022 Monday, June 13, 2022 Parties to file their memoranda on legal principles applicable to relief under section 104 Monday, June 20, 2022 Applicant to file memorandum of fact and law Friday, June 24, 2022 Respondents to file memoranda of fact and law CMC (if requested by a party) Wednesday, June 29, 2022 – Hearing of the Commissioner’s section 104 application Thursday, June 30, 2022 starting at 10 a.m., by Webcast videoconference. [6] The morning of Tuesday, June 28, 2022 is also reserved for the hearing of the section 104 application, if needed. [7] Further CMCs may be requested, as needed. DATED at Toronto, this 18th day of May 2022. SIGNED on behalf of the Tribunal by the Chairperson. (s) Andrew D. Little COUNSEL OF RECORD: For the applicant: Commissioner of Competition John S. Tyhurst Derek Leschinsky Katherine Rydel Ryan Caron Suzanie Chua Marie-Hélène Gay Kevin Hong For the respondent: Rogers Communications Inc. Jonathan Lisus Crawford Smith For the respondent: Shaw Communications Inc. Kent E. Thomson Derek D. Ricci Steven G. Frankel