In a filing made public late Tuesday by the Competition Tribunal, the commissioner says the serving of subpoenas to Telus Corp. is an 'abuse of process.'Frank Gunn/The Canadian Press
The Commissioner of Competition is accusing Rogers Communications Inc. RCI-B-T and Shaw Communications Inc. SJR-B-T of conducting a “fishing expedition” with the serving of subpoenas to Telus Corp. T-T demanding documents ahead of November hearings on the two companies’ proposed $26-billion merger.
In a filing made public late Tuesday by the Competition Tribunal, the commissioner says the request is an “abuse of process” and is “overbroad and unduly burdensome.”
The commissioner says the subpoenas appear to request documents “already in Rogers and Shaw’s possession.”
According to an Oct. 13 filing, the documents requested include those pertaining to the network and spectrum sharing agreements between BCE Inc. BCE-T and Telus, as well as the proposed divestiture of Freedom Mobile Inc. to Videotron Inc., among others.
Telus has filed a motion to quash the demands and the commissioner’s Oct. 17 filing says he “agrees with the relief sought” by the rival telecom.
Shaw is seeking an order that the commissioner hand over certain documents identified in subpoenas it served, according to a filing made public Wednesday, saying that “Bell and Telus have engaged in a closely coordinated, multi-faceted campaign to derail the proposed transaction in an effort to advance their own commercial interests” ever since the deal was first announced last year.