Merger Reform: Canada’s Telecommunications Industry and the Public Interest

Background: Merger control is an increasingly necessary and important policy mechanism, particularly in the telecommunications sector. Given that a Rogers–Shaw merger could still occur, this article explores and evaluates various approaches to merger review and control. Analysis: By comparing the Competition Bureau’s approach to merger control in Canada with merger control strategies employed by competition authorities in Europe, this article reveals limitations in Canada’s merger control process and the Competition Act. Conclusions and implications: The Competition Bureau’s treatment of structural merger control remedies in conjunction with legislation that prioritizes economic efficiencies over the needs of consumers, and a lack of public interest considerations, drastically limits the scope of the Competition Bureau’s capacity to regulate the telecommunications industry appropriately. This article provides recommendations that would better equip competition regulators in Canada.