Rogers-Shaw hearings not so public despite tribunal’s pledge to hold open process

By Alexandra Posadzki and Irene Galea

The public hearing that will determine the fate of Rogers Communications Inc.’s proposed $26-billion takeover of Shaw Communications Inc. has turned out to be not so public after all – despite the Competition Tribunal committing to an “open court process.”

Because of its potential implications for users of critical wireless and internet services, the merger of Canada’s two largest cable companies has attracted far more public attention than most hearings held by the Competition Tribunal, a quasi-judicial body that adjudicates on matters of civil competition.

Many observers describe the hearings thus far as opaque and are calling for more transparency in the tribunal process. Repeatedly, during the first week of hearings, lawyers for both the cable companies and the Competition Bureau, which is attempting to block the merger, asked the judge to go into confidential sessions that have dragged on for hours. In addition, critical documents such as witness statements and the schedule of witnesses are not available to the public.

“For those of us who are following along – even those of us who are deep in the weeds – it’s been very hard to follow, and it’s been surprising to hear them referring to a number of public witness statements that hadn’t been posted on the tribunal’s webpage,” said Ben Klass, a telecom researcher and PhD candidate at Carleton University.

The immense public interest in the case has brought added scrutiny to a tribunal used to operating, for the most part, out of the public eye.

Published by the Globe and Mail.