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Competition Bureau files court applications to block Rogers-Shaw merger

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The Competition Bureau has filed an application to block Rogers Communications Inc.’s purchase of Shaw Communications Inc. because it claims the transaction would lead to worse service and higher prices, though experts say the move isn’t necessarily the end of the road.

The federal regulator is asking the Competition Tribunal to prevent the $26-billion deal from proceeding and seeks an injunction to stop the two companies from closing the deal until the bureau’s application can be heard.

The merger will lead to “higher prices, poorer service quality and fewer choices,” the bureau said, particularly in the wireless sector, where Rogers, Bell and Telus Corp. currently serve about 87 per cent of Canadian subscribers.

The bureau’s investigation into the March 2021 deal determined the proposed acquisition will eliminate “an established, independent and low-priced” competitor in Shaw-owned Freedom Mobile. It would also prevent existing competition in wireless services in Ontario, Alberta and British Columbia and suppress further competition in areas like 5G.

“Eliminating Shaw would remove a strong, independent competitor in Canada’s wireless market — one that has driven down prices, made data more accessible, and offered innovative services to its customers,” said Matthew Boswell, the commissioner of competition, in a statement.

He and the bureau argue that Shaw has “consistently challenged” the Big Three telecommunications companies.

Rogers plan to buy Shaw for $26B sparks concern about competition, prices

Rogers Communications has signed a deal to buy Shaw Communications for $26 billion pending approval from the Competition Bureau of Canada, the CRTC and the Canadian government. The deal has raised fears that reduced competition will push Canadians’ cellphone bills even higher. 1:49

Shaw now provides wireless services to over two million customers in Ontario, Alberta and B.C., its wireless subscriber base has recently doubled and data prices have decreased, where they had previously increased year-over-year, the bureau said.

However, its opposition might not kill the transaction.

Rogers and Shaw, which revealed the bureau’s intentions over the weekend, have already announced they plan to press ahead with the deal and fight the commissioner’s efforts to block it.

Not the end of the road Rogers, Shaw

Neither company not immediately respond to a request for comment, but have sought to fend off some of the bureau’s criticisms by attempting to sell Freedom, which makes up the bulk of Shaw’s wireless services. New Brunswick-based rural internet provider Xplornet Communications Inc. and Montreal’s Quebecor Inc. are reportedly interested in Freedom.

The Innovation, Science and Economic Development Canada, which has yet to approve the deal, could also block the transaction from moving forward, though the Canadian Radio-television and Telecommunications Commission signed off on it earlier this year.

Analysts also doubt the bureau’s opposition will be much of a roadblock.

“Despite this apparent twist in this process, we continue to believe the probability of a deal ultimately getting approval remains high,” RBC Capital Markets analyst Drew McReynolds said, in a note to investors Sunday.

He thinks there will be a number of things Rogers can do to address the bureau’s concerns and push the deal forward.

“We do not believe the commissioner’s application is an indication that the Rogers-Shaw transaction cannot be remedied, and continue to believe that the Competition Bureau is focused on the nature of the remedy package rather than outright prescribing who that remedy partner should be,” he wrote.

The bureau also has a “very bad track record in terms of winning cases,” said Vass Bednar, executive director of the Master of Public Policy in Digital Society program at McMaster University.

 

Vass Bednar is the executive director of McMaster University’s Master of Public Policy in Digital Society Program. (Vass Bednar)

 

She pointed to the bureau’s move last year to try to block Secure Energy Services Inc.’s proposed acquisition of Tervita Corporation to protect competition in the oil and gas waste services sector in Western Canada.

The competition tribunal found “irreparable harm to the competitive process and to purchasers of the services … has begun to occur,” but let the merger move forward anyway because Boswell could only meet two of the three conditions needed to stop or even pause a deal.

Boswell had “egg on his face,” said Bednar, who believes that could happen again because she sees the case as being an “uphill battle” with the “odds stacked against him.”

However, she said even opposing the deal shows the bureau has been “doing its homework,” which may have shocked Rogers and Shaw.

“I think the Rogers, Shaw lawyers underestimated the bureau’s teeth and capacity. …They thought this is going to go through and let’s high five,” Bednar said.

“I think think they were presumptuous and seem genuinely surprised it will be opposed.”

Rogers and Shaw have 45 days to file a response with the Competition Tribunal. Once those responses are received, the bureau must respond within 14 days.

 

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Telus prioritizing ‘most important customers,’ avoiding ‘unprofitable’ offers: CFO

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Telus Corp. says it is avoiding offering “unprofitable” discounts as fierce competition in the Canadian telecommunications sector shows no sign of slowing down.

The company said Friday it had fewer net new customers during its third quarter compared with the same time last year, as it copes with increasingly “aggressive marketing and promotional pricing” that is prompting more customers to switch providers.

Telus said it added 347,000 net new customers, down around 14.5 per cent compared with last year. The figure includes 130,000 mobile phone subscribers and 34,000 internet customers, down 30,000 and 3,000, respectively, year-over-year.

The company reported its mobile phone churn rate — a metric measuring subscribers who cancelled their services — was 1.09 per cent in the third quarter, up from 1.03 per cent in the third quarter of 2023. That included a postpaid mobile phone churn rate of 0.90 per cent in its latest quarter.

Telus said its focus is on customer retention through its “industry-leading service and network quality, along with successful promotions and bundled offerings.”

“The customers we have are the most important customers we can get,” said chief financial officer Doug French in an interview.

“We’ve, again, just continued to focus on what matters most to our customers, from a product and customer service perspective, while not loading unprofitable customers.”

Meanwhile, Telus reported its net income attributable to common shares more than doubled during its third quarter.

The telecommunications company said it earned $280 million, up 105.9 per cent from the same three-month period in 2023. Earnings per diluted share for the quarter ended Sept. 30 was 19 cents compared with nine cents a year earlier.

It reported adjusted net income was $413 million, up 10.7 per cent year-over-year from $373 million in the same quarter last year. Operating revenue and other income for the quarter was $5.1 billion, up 1.8 per cent from the previous year.

Mobile phone average revenue per user was $58.85 in the third quarter, a decrease of $2.09 or 3.4 per cent from a year ago. Telus said the drop was attributable to customers signing up for base rate plans with lower prices, along with a decline in overage and roaming revenues.

It said customers are increasingly adopting unlimited data and Canada-U.S. plans which provide higher and more stable ARPU on a monthly basis.

“In a tough operating environment and relative to peers, we view Q3 results that were in line to slightly better than forecast as the best of the bunch,” said RBC analyst Drew McReynolds in a note.

Scotiabank analyst Maher Yaghi added that “the telecom industry in Canada remains very challenging for all players, however, Telus has been able to face these pressures” and still deliver growth.

The Big 3 telecom providers — which also include Rogers Communications Inc. and BCE Inc. — have frequently stressed that the market has grown more competitive in recent years, especially after the closing of Quebecor Inc.’s purchase of Freedom Mobile in April 2023.

Hailed as a fourth national carrier, Quebecor has invested in enhancements to Freedom’s network while offering more affordable plans as part of a set of commitments it was mandated by Ottawa to agree to.

The cost of telephone services in September was down eight per cent compared with a year earlier, according to Statistics Canada’s most recent inflation report last month.

“I think competition has been and continues to be, I’d say, quite intense in Canada, and we’ve obviously had to just manage our business the way we see fit,” said French.

Asked how long that environment could last, he said that’s out of Telus’ hands.

“What I can control, though, is how we go to market and how we lead with our products,” he said.

“I think the conditions within the market will have to adjust accordingly over time. We’ve continued to focus on digitization, continued to bring our cost structure down to compete, irrespective of the price and the current market conditions.”

Still, Canada’s telecom regulator continues to warn providers about customers facing more charges on their cellphone and internet bills.

On Tuesday, CRTC vice-president of consumer, analytics and strategy Scott Hutton called on providers to ensure they clearly inform their customers of charges such as early cancellation fees.

That followed statements from the regulator in recent weeks cautioning against rising international roaming fees and “surprise” price increases being found on their bills.

Hutton said the CRTC plans to launch public consultations in the coming weeks that will focus “on ensuring that information is clear and consistent, making it easier to compare offers and switch services or providers.”

“The CRTC is concerned with recent trends, which suggest that Canadians may not be benefiting from the full protections of our codes,” he said.

“We will continue to monitor developments and will take further action if our codes are not being followed.”

French said any initiative to boost transparency is a step in the right direction.

“I can’t say we are perfect across the board, but what I can say is we are absolutely taking it under consideration and trying to be the best at communicating with our customers,” he said.

“I think everyone looking in the mirror would say there’s room for improvement.”

This report by The Canadian Press was first published Nov. 8, 2024.

Companies in this story: (TSX:T)

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TC Energy cuts cost estimate for Southeast Gateway pipeline project in Mexico

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CALGARY – TC Energy Corp. has lowered the estimated cost of its Southeast Gateway pipeline project in Mexico.

It says it now expects the project to cost between US$3.9 billion and US$4.1 billion compared with its original estimate of US$4.5 billion.

The change came as the company reported a third-quarter profit attributable to common shareholders of C$1.46 billion or $1.40 per share compared with a loss of C$197 million or 19 cents per share in the same quarter last year.

Revenue for the quarter ended Sept. 30 totalled C$4.08 billion, up from C$3.94 billion in the third quarter of 2023.

TC Energy says its comparable earnings for its latest quarter amounted to C$1.03 per share compared with C$1.00 per share a year earlier.

The average analyst estimate had been for a profit of 95 cents per share, according to LSEG Data & Analytics.

This report by The Canadian Press was first published Nov. 7, 2024.

Companies in this story: (TSX:TRP)

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BCE reports Q3 loss on asset impairment charge, cuts revenue guidance

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BCE Inc. reported a loss in its latest quarter as it recorded $2.11 billion in asset impairment charges, mainly related to Bell Media’s TV and radio properties.

The company says its net loss attributable to common shareholders amounted to $1.24 billion or $1.36 per share for the quarter ended Sept. 30 compared with a profit of $640 million or 70 cents per share a year earlier.

On an adjusted basis, BCE says it earned 75 cents per share in its latest quarter compared with an adjusted profit of 81 cents per share in the same quarter last year.

“Bell’s results for the third quarter demonstrate that we are disciplined in our pursuit of profitable growth in an intensely competitive environment,” BCE chief executive Mirko Bibic said in a statement.

“Our focus this quarter, and throughout 2024, has been to attract higher-margin subscribers and reduce costs to help offset short-term revenue impacts from sustained competitive pricing pressures, slow economic growth and a media advertising market that is in transition.”

Operating revenue for the quarter totalled $5.97 billion, down from $6.08 billion in its third quarter of 2023.

BCE also said it now expects its revenue for 2024 to fall about 1.5 per cent compared with earlier guidance for an increase of zero to four per cent.

The company says the change comes as it faces lower-than-anticipated wireless product revenue and sustained pressure on wireless prices.

BCE added 33,111 net postpaid mobile phone subscribers, down 76.8 per cent from the same period last year, which was the company’s second-best performance on the metric since 2010.

It says the drop was driven by higher customer churn — a measure of subscribers who cancelled their service — amid greater competitive activity and promotional offer intensity. BCE’s monthly churn rate for the category was 1.28 per cent, up from 1.1 per cent during its previous third quarter.

The company also saw 11.6 per cent fewer gross subscriber activations “due to more targeted promotional offers and mobile device discounting compared to last year.”

Bell’s wireless mobile phone average revenue per user was $58.26, down 3.4 per cent from $60.28 in the third quarter of the prior year.

This report by The Canadian Press was first published Nov. 7, 2024.

Companies in this story: (TSX:BCE)

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