Rogers takeover of Shaw a step closer after appeal shot down | Canada News Media
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Rogers takeover of Shaw a step closer after appeal shot down

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OTTAWA –

The Federal Court of Appeal has dismissed the Competition Bureau’s effort to overturn a key approval of Rogers Communications Inc.’s takeover of Shaw Communications Inc.

Court of Appeal Justice David Stratas said Tuesday the bureau’s arguments don’t meet the threshold of an overriding error going to the core of the case that would be required to overturn the decision by the Competition Tribunal to approve the $26-billion deal.

“This is a high threshold. It is not enough to pull at leaves and branches and leave the tree standing; rather the entire tree must fall,” he said, delivering a decision from the bench before the companies involved had given their oral arguments.

The Competition Tribunal, in its Dec. 30 approval, made it clear the transaction would not likely prevent or substantially lessen competition, supported by ample evidence, said Stratas.

“Even if the Competition Tribunal erred on the narrow legal points the commissioner now raises in this court, we are not persuaded that the result could have been different. Thus it would be pointless to send this case back to the Competition Tribunal.”

The Competition Bureau’s arguments had focused on what they said were four key legal errors that focused especially on how the proposed sale of Shaw’s Freedom Mobile to Videotron factored into the tribunal’s decision.

Bureau lawyer Alexander Gay argued that the tribunal should have assessed the deal as initially proposed, before the addition of the sale of Shaw’s Freedom Mobile to Quebecor-owned Videotron Ltd.

Had the deal been assessed as a remedy to competition concerns, rather than an integral part of the deal, it wouldn’t have stood up, said Gay.

“It’s almost entirely a series of service agreements between competitors. Those couldn’t have been considered,” said Gay.

“That is a huge error. And that I think gives enough doubt in this case that really it should be sent back for that very reason.”

Justice Strata said that examining the merger alone, which couldn’t go forward without the divestiture of Freedom Mobile, would be a “foray into fiction and fantasy,” and that the tribunal is not shackled to the earlier structure of the transaction.

The deal, which Rogers hopes to close by Jan. 31, still requires approval from Industry Minister Francois-Philippe Champagne.

Champagne said in a statement that he was reviewing the Federal Court of Appeal’s decision and will be making a decision on the deal in due course.

“Promoting competition and affordability in the telecom sector has been — and remains — my top priority,” he said.

Rogers Communications, Shaw Communications and Quebecor applauded Tuesday’s court ruling.

“We welcome this clear, unequivocal, and unanimous decision by the Federal Court of Appeal,” they said in a joint release.

“We continue to work with Innovation, Science and Economic Development Canada to secure the final approval needed to close the pro-competitive transactions and create a stronger fourth wireless carrier in Canada and a more formidable wireline competitor.”

Advocacy group OpenMedia said in a statement that the deal as it stands means less choice and more expensive prices.

“The deal the Tribunal accepted is still terrible for ordinary Canadians,” said OpenMedia campaigns director Matt Hatfield.

He urged Champagne to block the deal and instead set lower rates for internet service providers to access internet infrastructure.

The House of Commons industry and technology committee, which previously recommended against the deal, is set to meet Wednesday to look again at the transaction.

Matthew Boswell, Commissioner of Competition, said he was disappointed with the ruling.

“Although today’s developments are discouraging, we stand by the findings of our investigation and the decision to challenge the merger,” he said Tuesday night in a release.

“We brought a strong, responsible case to the Tribunal after conducting a thorough examination of the facts.”

Boswell said while they continue to disagree with the Tribunal’s findings, they accept the decision and will not pursue a further appeal.

This report by The Canadian Press was first published Jan. 24, 2023.

 

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Transat AT reports $39.9M Q3 loss compared with $57.3M profit a year earlier

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MONTREAL – Travel company Transat AT Inc. reported a loss in its latest quarter compared with a profit a year earlier as its revenue edged lower.

The parent company of Air Transat says it lost $39.9 million or $1.03 per diluted share in its quarter ended July 31.

The result compared with a profit of $57.3 million or $1.49 per diluted share a year earlier.

Revenue in what was the company’s third quarter totalled $736.2 million, down from $746.3 million in the same quarter last year.

On an adjusted basis, Transat says it lost $1.10 per share in its latest quarter compared with an adjusted profit of $1.10 per share a year earlier.

Transat chief executive Annick Guérard says demand for leisure travel remains healthy, as evidenced by higher traffic, but consumers are increasingly price conscious given the current economic uncertainty.

This report by The Canadian Press was first published Sept. 12, 2024.

Companies in this story: (TSX:TRZ)

The Canadian Press. All rights reserved.

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Dollarama keeping an eye on competitors as Loblaw launches new ultra-discount chain

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Dollarama Inc.’s food aisles may have expanded far beyond sweet treats or piles of gum by the checkout counter in recent years, but its chief executive maintains his company is “not in the grocery business,” even if it’s keeping an eye on the sector.

“It’s just one small part of our store,” Neil Rossy told analysts on a Wednesday call, where he was questioned about the company’s food merchandise and rivals playing in the same space.

“We will keep an eye on all retailers — like all retailers keep an eye on us — to make sure that we’re competitive and we understand what’s out there.”

Over the last decade and as consumers have more recently sought deals, Dollarama’s food merchandise has expanded to include bread and pantry staples like cereal, rice and pasta sold at prices on par or below supermarkets.

However, the competition in the discount segment of the market Dollarama operates in intensified recently when the country’s biggest grocery chain began piloting a new ultra-discount store.

The No Name stores being tested by Loblaw Cos. Ltd. in Windsor, St. Catharines and Brockville, Ont., are billed as 20 per cent cheaper than discount retail competitors including No Frills. The grocery giant is able to offer such cost savings by relying on a smaller store footprint, fewer chilled products and a hearty range of No Name merchandise.

Though Rossy brushed off notions that his company is a supermarket challenger, grocers aren’t off his radar.

“All retailers in Canada are realistic about the fact that everyone is everyone’s competition on any given item or category,” he said.

Rossy declined to reveal how much of the chain’s sales would overlap with Loblaw or the food category, arguing the vast variety of items Dollarama sells is its strength rather than its grocery products alone.

“What makes Dollarama Dollarama is a very wide assortment of different departments that somewhat represent the old five-and-dime local convenience store,” he said.

The breadth of Dollarama’s offerings helped carry the company to a second-quarter profit of $285.9 million, up from $245.8 million in the same quarter last year as its sales rose 7.4 per cent.

The retailer said Wednesday the profit amounted to $1.02 per diluted share for the 13-week period ended July 28, up from 86 cents per diluted share a year earlier.

The period the quarter covers includes the start of summer, when Rossy said the weather was “terrible.”

“The weather got slightly better towards the end of the summer and our sales certainly increased, but not enough to make up for the season’s horrible start,” he said.

Sales totalled $1.56 billion for the quarter, up from $1.46 billion in the same quarter last year.

Comparable store sales, a key metric for retailers, increased 4.7 per cent, while the average transaction was down2.2 per cent and traffic was up seven per cent, RBC analyst Irene Nattel pointed out.

She told investors in a note that the numbers reflect “solid demand as cautious consumers focus on core consumables and everyday essentials.”

Analysts have attributed such behaviour to interest rates that have been slow to drop and high prices of key consumer goods, which are weighing on household budgets.

To cope, many Canadians have spent more time seeking deals, trading down to more affordable brands and forgoing small luxuries they would treat themselves to in better economic times.

“When people feel squeezed, they tend to shy away from discretionary, focus on the basics,” Rossy said. “When people are feeling good about their wallet, they tend to be more lax about the basics and more willing to spend on discretionary.”

The current economic situation has drawn in not just the average Canadian looking to save a buck or two, but also wealthier consumers.

“When the entire economy is feeling slightly squeezed, we get more consumers who might not have to or want to shop at a Dollarama generally or who enjoy shopping at a Dollarama but have the luxury of not having to worry about the price in some other store that they happen to be standing in that has those goods,” Rossy said.

“Well, when times are tougher, they’ll consider the extra five minutes to go to the store next door.”

This report by The Canadian Press was first published Sept. 11, 2024.

Companies in this story: (TSX:DOL)

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U.S. regulator fines TD Bank US$28M for faulty consumer reports

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TORONTO – The U.S. Consumer Financial Protection Bureau has ordered TD Bank Group to pay US$28 million for repeatedly sharing inaccurate, negative information about its customers to consumer reporting companies.

The agency says TD has to pay US$7.76 million in total to tens of thousands of victims of its illegal actions, along with a US$20 million civil penalty.

It says TD shared information that contained systemic errors about credit card and bank deposit accounts to consumer reporting companies, which can include credit reports as well as screening reports for tenants and employees and other background checks.

CFPB director Rohit Chopra says in a statement that TD threatened the consumer reports of customers with fraudulent information then “barely lifted a finger to fix it,” and that regulators will need to “focus major attention” on TD Bank to change its course.

TD says in a statement it self-identified these issues and proactively worked to improve its practices, and that it is committed to delivering on its responsibilities to its customers.

The bank also faces scrutiny in the U.S. over its anti-money laundering program where it expects to pay more than US$3 billion in monetary penalties to resolve.

This report by The Canadian Press was first published Sept. 11, 2024.

Companies in this story: (TSX:TD)

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