Competition Law is Dead – PIAC Submission to Consultation on the future of competition policy in Canada
FOR IMMEDIATE RELEASE
OTTAWA – 31 March 2023 – In a companion piece to the Public Interest Advocacy’s concerns with the Shaw-Videotron spectrum transfer approval of today as the last step in the Rogers-Shaw merger, PIAC provided the following submission to the Ministry of Industry, Science and Economic Development on the Consultation on the future of competition policy in Canada. Competition law in Canada is dead and a radical rewriting of the legislation is required.
Submission here: PIAC Submission to the Consultation on the future of competition policy in Canada
For more information:
John Lawford (he/him)
Executive Director/General Counsel
Public Interest Advocacy Centre
285 McLeod Street – Suite 200
Ottawa, ON K2P 1A1
jlawford@piac.ca
613-562-4002 ext 125 [new!]
Fax 562-0007
Cell: 613-447-8125
@CanadaPIAC
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Rogers-Shaw merger spectrum approval: ‘contract with Canadians’ is smoke and mirrors
FOR IMMEDIATE RELEASE
OTTAWA, March 31, 2023 – The Public Interest Advocacy Centre (PIAC) reacted skeptically to today’s announcement of the Minister of Innovation, Science and Industry permitting the transfer of spectrum of Freedom Mobile to Vidéotron Limitée as the final step in Rogers Communications Inc.’s acquisition of Shaw Communications Inc., subject to a ‘contract with Canadians’ that contains certain conditions.
“The promise is a ‘new national fourth player’ wireless company and lower prices for cellphone service – this is smoke and mirrors,” said John Lawford, Executive Director and General Counsel at PIAC. “We do not believe the conditions obtained by the Minister can counteract the anti-competitive effects of this merger on Canadians, and will lead to another decade of high wireless prices for Canadians,” he added.
The conditions on Vidéotron and Rogers are outlined in a set of agreements with the federal government. Many of the conditions, such as 5G investment and commitments to indigenous and rural connectivity were already announced as part of the original Rogers-Shaw merger and are not new. Others, such as the creation of “3000 new jobs” and a Calgary regional headquarters for Rogers have no clear timeline and it is unclear if they will lead to job reductions elsewhere in the country or forced relocations of present Rogers employees.
The deal also has market distorting elements, such as a commitment by Vidéotron to offer “plans that are comparable to those currently available in Quebec, and offer options at least 20% cheaper than those made available by the major players” and “increase data allotments of existing Freedom Mobile customers by 10% as a near-term bonus while it invests to bring down prices overall”. PIAC contends that such an ‘unprecedented’ effort (in the Minister’s words) betrays a desperate attempt to control a situation that is beyond the capabilities of the Canadian government.
“Such commitments amount to deckchair arrangement on a sinking ship of traditional players in identical market positions,” added Lawford. “The saga of the Rogers-Shaw deal has demonstrated that the telecommunications law, competition law and Government of Canada have lost control of a key sector in Canada.”
For more information please contact:
John Lawford
Executive Director & General Counsel
Public Interest Advocacy Centre (PIAC)
(613) 562-4002 ×125
jlawford@piac.ca
social: @CanadaPIAC
PIAC horrified at Federal Court of Appeal instant dismissal of Rogers-Shaw appeal
OTTAWA – 24 January 2023 – The Public Interest Advocacy Centre (PIAC) reacted with horror today to the Federal Court of Appeal’s dismissal from the bench of the appeal by the Commissioner of Competition of the Competition Tribunal’s decision to approve the merger of Shaw Communications Inc. and Rogers Communication Inc. with a divestiture to Videotron Inc. (owned by Quebecor Media Inc.).
“The public can only be suspicious that the powers that be want this deal to close – even if it means a decade of high wireless and Internet prices for Canadians,” said John Lawford, PIAC Executive Director and General Counsel. “We also believe that the Court’s ruling means the Canadian Competition Act is utterly broken and needs to be radically rewritten to actually provide tools to block anticompetitive mergers,” he added.
For more information, please contact:
John Lawford (he/him)
Executive Director/General Counsel
Public Interest Advocacy Centre
285 McLeod Street – Suite 200
Ottawa, ON K2P 1A1
jlawford@piac.ca
613-562-4002 ext 125 [new!]
Fax 562-0007
Cell: 613-447-8125
https://www.piac.ca
@CanadaPIAC
Rogers-Shaw Merger Approval Signals Decade of Competitive Winter for Consumers
OTTAWA, December 30, 2022 – The Public Interest Advocacy Centre (PIAC) today denounced the unseemly rush to judgment of the Competition Tribunal to approve the acquisition of Shaw Communications Inc. by Rogers Communications Inc., including selling Freedom Mobile to Videotron Ltd., part of Québecor Media Inc.
“Consumers now face a decade of competitive winter, with higher cellphone, home Internet, cable, satellite and Internet TV and home phone prices,” said John Lawford, Executive Director and General Counsel of PIAC. “This Decision represents a failure of every promise of the federal government to lower prices, every promise of the competition regulator to block the merger and improve competition in telecommunications and the failure of the quasi-judicial overseer, the Competition Bureau to see the issue from a consumer viewpoint as well.”
PIAC together with the National Pensioners Federation (NPF) have consistently argued against the merger due to concerns with excessive concentration and scale in several key communications consumer markets, both regional and national.
PIAC also has argued for improvements to the Competition Act that would assist the regulator in opposing major mergers affecting consumer welfare, including a repeal of the “efficiencies defence”, among other improvements.
PIAC and NPF will now study the full Decision when available and consider responses and options on behalf of consumers and seniors.
For more information, please contact:
John Lawford
Executive Director and General Counsel
Public Interest Advocacy Centre (PIAC)
(613) 562-4002 ext. 125
jlawford@piac.ca
https://www.piac.ca
PIAC Annual Dinner 2022 a great success; Privacy Commissioner speech available
PIAC wishes to thank all attendees and sponsors of our Annual Dinner 2022 – a great time was had by all!
In particular, we wish to thank Mr. Philippe Dufresne, Privacy Commissioner of Canada for attending as our featured speaker.
Commissioner Dufresne’s remarks, entitled, “Creating a culture of privacy“, delivered to the assembled, were most welcome.
A huge thank you to our sponsors, the Canadian Wireless Telecommunications Association (CWTA) [Gold]; Teksavvy Solutions Inc. [Silver] and Dentons LLP; Rogers Communications Inc.; TELUS Communications Inc.; and the Canadian Internet Registry Authority [Bronze] for their financial support, as well as all of our individual supporters!
Lastly, we were blessed to have the sounds of Moonfruits for our entertainment, playing both before and after dinner from their larger repertoire and featuring all tracks from their new CD, “Salt“.
PIAC looks forward to seeing you at next year’s event!
CRTC Denial of TELUS Credit Card Surcharge is Huge Consumer Win
OTTAWA, 8 December 2022 – The Public Interest Advocacy Centre (PIAC) and the National Pensioners Federation (NPF) hailed the decision of the Canadian Radio-television and Telecommunications Commission (CRTC) today to deny TELUS Communications Inc. (“TELUS”) the ability to surcharge its customers a proposed “credit card processing fee”.
“No credit card surcharging on telecommunications!” exulted John Lawford, PIAC’s Executive Director and General Counsel. “The CRTC decision is also a warning to all other cellphone, Internet and home phone companies not to effectively double charge their customers for simply paying their bills with a credit card, which is normal,” he added.
PIAC and NPF argued that the credit card surcharge, which TELUS proposed to apply to certain regulated telephone services customers in Alberta and British Columbia would harm all customers but in particular, those living on lower incomes and on fixed pensions.
“The problem of inflation on necessities such as food, heating and communications is eating into our seniors retirement funds to the point it affects their quality of life,” noted Trish McAuliffe, President of NPF. “TELUS did not consider the larger implications of its behaviour,” she added.
Lawford also noted that the CRTC decision is a bellwether across consumer markets apart from telecommunications: “This decision says to business: ‘just don’t do this’.”
For more information, please contact:
Public Interest Advocacy Centre
John Lawford
Executive Director and General Counsel
Public Interest Advocacy Centre (PIAC)
1-613-562-4002 ext. 125
National Pensioners Federation
Trish McAuliffe
President
National Pensioners Federation
905-706-5806
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CCTS Annual Report 2021-22 Shows Lack of Public Awareness
OTTAWA, 30 November 2022 – The Public Interest Advocacy Centre (PIAC) today called upon the Commission for Complaints for Telecom-television Services (CCTS) to take active steps to improve public awareness of the free complaint resolution service, in light of the 2021-22 Annual Report of the Commission for Complaints for Telecom-television Services released today. That report shows a 25% year over year decrease in consumer complaints in the last operating year but also contains disturbing statistics that demonstrate communications companies are failing to refer unsatisfied customers to the CCTS.
“The industry has an obligation to refer customers to the CCTS when their complaint is escalated and not resolved adequately, but the CCTS found in nearly 9 out of 10 of these cases they do not,” noted John Lawford, PIAC’s Executive Director and General Counsel. “The CCTS should count these failures to refer as an additional complaint – as is done in Australia,” he added.
PIAC also noted the disturbing spike in a new type of complaint: consumers who do not realize their cellphones may have hundreds or thousands of dollars remaining payable even when the nominal term of their contract is over or they wish to switch to a competitor mid-contract.
“The problem of non-transparent financing for ultra-high cost cellphones is the next huge consumer trap, and one that destroys the Wireless Code” added Lawford, noting that nearly all new wireless contracts in Canada with a smartphone are now sold under this billing structure.
Consumers continue to be disappointed with the effect of the Canadian Radio-television and Telecommunications Commission’s (CRTC) other codes of conduct, the “Internet Code” and “TV Service Provider Code” as neither limits the communications companies’ ability to change prices of service mid-contract, provided consumers are informed in advance of such increases. This is reflected in the Annual Report 2021-22’s sections on these Codes, which demonstrate only a few minor transparency breaches despite numerous attempted complaints under these Codes.
PIAC further calls upon the Commission for Complaints for Telecom-television Services to change to an easier to remember name for consumers, such as the “Communications Ombudsman”.
For more information, please contact:
John Lawford
Executive Director and General Counsel
Public Interest Advocacy Centre (PIAC)
1-613-562-4002 ext. 125
jlawford@piac.ca
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PIAC Annual Dinner Next Friday: Speaker – Canada’s Privacy Commissioner – Musical Entertainment – Moonfruits – Limited Tickets Still Available!
OTTAWA, ON, November 18, 2022 – After a two-year hiatus, the Public Interest Advocacy Centre is thrilled to welcome guests back to its Annual Dinner. The Annual Dinner will be held November 25, 2022 at 6pm at the National Arts Centre in the Rossy Pavilion, overlooking downtown Ottawa.
This year, the Dinner features remarks by Canada’s new Privacy Commissioner, Philippe Dufresne. Commissioner Dufresne is a leading legal expert on human rights, administrative law and constitutional law. He previously served as Law Clerk and Parliamentary Counsel of the House of Commons. Dinner attendees will have the privilege of hearing one of the Commissioner’s first public addresses on consumer protection and privacy.
Following the Commissioner’s remarks and a question or two, attendees will enjoy a delicious four-course dinner, prepared by the incomparable National Arts Centre chefs.
During the remainder of the event, there will be door prizes and musical entertainment by Canadian contemporary bilingual folk band Moonfruits (moonfruits.ca).
Finally, PIAC will be announcing new annual consumer advocacy awards.
A limited number of tickets are still available for this collegial event which brings together key industry stakeholders and showcases some incredible speakers with important consumer perspectives concerning the world of regulated services. Media are also welcome (unlike some recent events in Ottawa), but PIAC asks that any media identify themself and their media organization, ideally in advance.
To reserve one of the remaining tickets, kindly fill out the PDF form and return it to dbrady@piac.ca .
For further information, please contact PIAC at jlawford@piac.ca or call 613-562-4002 ext. 125.
PIAC Annual Dinner 25 Nov 2022; Speaker: Philippe Dufresne, Privacy Commissioner of Canada
PIAC Annual Dinner, Speaker: Philippe Dufresne, Privacy Commissioner of Canada
Friday, November 25, 2022 at 6 p.m. (eastern time)
National Arts Centre (Rossy Pavilion)
To purchase an individual ticket, please fill out the linked PDF form and return it, ideally by Monday, November 21, 2022, to Donna Brady: dbrady@piac.ca
To sponsor a corporate table, please email Donna Brady: dbrady@piac.ca for details. Our corporate sponsors and their logos will appear at this space shortly, as they join in supporting PIAC.
About the Event
The Public Interest Advocacy Centre is thrilled to announce the return of the Annual Dinner, to be held Friday, November 25, 2022 at 6pm at the National Arts Centre in the Rossy Pavilion. Registration is now open and details can be found above.
PIAC’s Annual Dinner has a longstanding tradition of being a highlight of the year for advocates, regulators, responsible corporations and students alike. We even often welcome a politician or two! After a two-year hiatus, we are excited to once again bring together a group of exceptional community leaders to discuss issues of consumer protection in Canada at an incredible venue – the Rossy Pavilion at the National Arts Centre.
The Venue – National Arts Centre, Rossy Pavilion, 1 Elgin Street, Ottawa
The National Arts Centre is located in the heart of downtown Ottawa. Our dinner will be hosted in the Rossy Pavilion which features views of Parliament and the historic War Memorial through stunning floor-to-ceiling windows, providing a beautiful backdrop for the evening’s events. In keeping with the formality of the venue, we ask that guests attire in business casual.
Our Speaker, Philippe Dufresne, Privacy Commissioner of Canada
In addition to a multitude of wonderful guests and a beautiful venue, this year, we will have the pleasure of hosting Canada’s new Privacy Commissioner. Commissioner Philippe Dufresne who was appointed on June 27, 2022 and is a leading legal expert on human rights, administrative law and constitutional law. He previously served as Law Clerk and Parliamentary Counsel of the House of Commons. Dinner attendees will have the privilege of hearing one of the Commissioner’s first public addresses on consumer protection and privacy.
The Dinner
Following the Commissioner’s remarks and a question or two, attendees will enjoy a delicious four-course dinner, prepared by the incomparable NAC chefs. Dinner will be accompanied by a beverage of choice, and there will be a cash bar available throughout the evening.
We are presently confirming the musical entertainment, which we hope will be a new, upcoming Canadian band or performer, who will play during the cocktail and during dessert, post-speeches.
There will also be opportunities to enter to win various door prizes throughout the evening. While this event is an opportunity to showcase incredible speakers providing important consumer perspectives concerning the world of regulated services and speakers, this collegial event is also a unique opportunity to bring together industry stakeholders who may also be opponents from time to time in matters of regulatory or industry policy.
Consumer Advocacy Awards
During the event, PIAC will also be announcing new annual consumer advocacy awards. These awards are intended to celebrate the vital contributions by consumer advocates in particular sectors of consumer protection. These awards will be named to honour leading consumer advocates, all of whom have served as PIAC directors, and will be first revealed at the Dinner.
PIAC Needs Your Support, and Thanks You
PIAC has been active in the area of consumer advocacy for over 40 years. Our small team represents consumer interests in the provision of important regulated services on behalf of consumers, and in particular vulnerable consumers. Our staff will be participating and will bring attendees up to date on PIAC’s extensive consumer protection work. The Annual Dinner provides some modest fundraising to support the important work that we do. We very much appreciate your support of our mission to protect consumers and in particular, vulnerable consumers.
Registration is now open for individual tickets and corporate sponsored tables. Media are welcome (unlike some other recent events in Ottawa) but we ask that you identify yourself and your media organization to PIAC staff, ideally in advance.
We sincerely hope that you will join us for this evening of great conversations, great speakers and great prizes in the beautiful National Arts Centre – Rossy Pavilion, in downtown Ottawa.
PIAC Annual Dinner is Back! SAVE THE DATE: Friday, November 25, 2022 – UPDATE: Speaker, Philippe Dufresne, Privacy Commissioner of Canada
We are very pleased to announce that the PIAC Annual Dinner is back, in person, to be held: Friday, November 25th, 6:00 p.m.,
at the National Arts Centre – Rossy Pavilion, Ottawa.
This collegial event brings together consumer advocates, government regulators, responsible corporations, students, academics and even a politician or two to talk about the importance and challenges of consumer protection in Canada in a post-pandemic, fragile economic and environmental, digital and fast-paced world.
UPDATE: PIAC is very pleased to announce that our featured speaker at the event will be:
Philippe Dufresne
Privacy Commissioner of Canada
Please mark your calendars and SAVE THE DATE: Friday, November 25th, 6:00 p.m. More details to come very shortly.
