Higher Prices, Less Competition: Some Reflections on the Proposed Rogers – Shaw Merger | Unpublished
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Unpublished Opinions

Michael Geist's picture
Ottawa, Ontario
About the author

Dr. Michael Geist is a law professor at the University of Ottawa where he holds the Canada Research Chair in Internet and E-commerce Law. He has obtained a Bachelor of Laws (LL.B.) degree from Osgoode Hall Law School in Toronto, Master of Laws (LL.M.) degrees from Cambridge University in the UK and Columbia Law School in New York, and a Doctorate in Law (J.S.D.) from Columbia Law School.  Dr. Geist is a syndicated columnist on technology law issues with his regular column appearing in the Toronto Star, the Hill Times, and the Tyee.  Dr. Geist is the editor of several copyright books including The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law (2013, University of Ottawa Press), From “Radical Extremism” to “Balanced Copyright”: Canadian Copyright and the Digital Agenda (2010, Irwin Law) and In the Public Interest:  The Future of Canadian Copyright Law (2005, Irwin Law), the editor of several monthly technology law publications, and the author of a popular blog on Internet and intellectual property law issues.

Dr. Geist serves on many boards, including the CANARIE Board of Directors, the Canadian Legal Information Institute Board of Directors, the Canadian Internet Registration Authority, and the Electronic Frontier Foundation Advisory Board. He has received numerous awards for his work including the Kroeger Award for Policy Leadership and the Public Knowledge IP3 Award in 2010, the Les Fowlie Award for Intellectual Freedom from the Ontario Library Association in 2009, the Electronic Frontier Foundation’s Pioneer Award in 2008, Canarie’s IWAY Public Leadership Award for his contribution to the development of the Internet in Canada and he was named one of Canada’s Top 40 Under 40 in 2003.  In 2010, Managing Intellectual Property named him on the 50 most influential people on intellectual property in the world and Canadian Lawyer named him one of the 25 most influential lawyers in Canada in 2011, 2012 and 2013.

Click here to view Dr. Geist’s full CV.

 

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Higher Prices, Less Competition: Some Reflections on the Proposed Rogers – Shaw Merger

March 22, 2021

Having spent a good chunk of Monday talking to reporters about the proposed Rogers merger with Shaw, I thought it might be worth highlighting my initial three takeaways. First – and this is stating the obvious – the deal will result in higher prices and less competition. There is no need to overthink any of this. Removing a company that some have touted as the best chance at a viable national fourth carrier would leave some of Canada’s biggest markets (notably Ontario, Alberta, and B.C.) without a much needed competitor. Canadians already pay some of the highest prices for wireless services in the world and if this merger is approved, the situation will only get worse. Indeed, when Rogers promises that it will not raise prices for Shaw/Freedom Mobile customers for three years, it is effectively committing to raising them as soon as the clock runs out on that timeline.

Second, the fact that the companies think that this merger stands a chance of being approved should stand as Exhibit #1 for the failures of the government and the CRTC on the wireless file. Successive governments have pledged to address high wireless costs, but have instead taken half measures or even backtracked at the slightest opposition from the incumbent providers. The CRTC is little better with the current leadership quickly dispensing with the prioritization of consumers under Jean-Pierre Blais and leaving little doubt that Bell, Rogers, and Telus have a friend at the Commission.

Simply put, this deal would not have happened under a government and CRTC that signalled its commitment to more robust competition and better consumer pricing above all else. Instead, the CRTC stands ready to increase consumer costs for Internet services (it even proposed new levies on ISPs in its Harnessing Change report) and the government seems to think that meeting its illusory 25 percent wireless reduction cost target is good enough, even if prices in other countries are declining at a faster rate.

Third, get ready for talking points that will make your head spin. As Rogers and Shaw seek to convince the government and regulators that their deal should be approved, months of criticizing competition from MVNOs may suddenly be promoted as an effective competitive alternative. Further, the companies will re-up old promises to invest in rural connectivity, 5G or anything else that might garner political support. Of course, there is always a price to be paid for those promises and in this case, it will be wireless customers that foot the bill in the form of even higher costs in what is already one of the most expensive wireless markets in the world.