CRA expert testifies in $15 billion telecommunications merger

Fibre optics, hardware, circuit board in the background

On December 1, 2022, Professor Mark Zmijewski testified before Canada’s Competition Tribunal regarding the $15 billion telecommunications merger between Rogers Communications Inc. (Rogers) and Shaw Communications Inc. (Shaw).  As part of their defense of the merger, Rogers and Shaw relied on the efficiencies defense, contained in Section 96 of the Competition Act, which can serve to save an otherwise anti-competitive merger if the transaction creates efficiencies that are “greater than and offset” the harm the merger causes to competition.

Professor Zmijewski and his team of CRA consultants, which included vice presidents Keith Bockus and Erik Himan, were retained by the Canadian Competition Bureau to provide expert analysis related to the amount and likelihood of the merger efficiencies put forth by the merging parties and to rebut an expert report filed by an expert for Rogers regarding the potential efficiencies arising from the merger.