The Competition Bureau has decided not to challenge the proposed acquisition of Wind Mobile Corp by Shaw Communications Inc (TSX: SJR.B). The $1.6 billion deal, announced in December, is unlikely to reduce competition in Canada’s mobile wireless industry because “the two companies do not currently compete against each other,” the federal agency said. Wind is currently backed by several private equity firms and other investors, including West Face Capital, Globalive Capital, Tennenbaum Capital Partners, and the family office of Lawrence Guffey.
Competition Bureau will not challenge Shaw Communications’ acquisition of WIND Mobile
February 4, 2016 — OTTAWA, ON — Competition Bureau
The Competition Bureau confirmed today that it has decided not to challenge the proposed acquisition of WIND Mobile by Shaw Communications.
The Bureau issued a No Action Letter saying that it will not challenge the proposed transaction before the Competition Tribunal under the merger provisions of the Competition Act.
In reviewing mergers, the Bureau considers many different elements, including the level of economic concentration in the relevant industry and the characteristics of the merging parties and their competitors. The Bureau’s review concluded that Shaw’s proposed acquisition of WIND Mobile is unlikely to result in a substantial lessening or prevention of competition because, among other reasons, the two companies do not currently compete against each other, as Shaw does not own wireless assets. The proposed transaction therefore does not increase concentration in the Canadian mobile wireless industry.
As part of its normal approach in examining a merger, the Bureau also consults with a wide range of industry participants, such as suppliers, competitors, industry associations, customers and industry experts.
The proposed transaction is a merger between a provider of mobile wireless telecommunications services, WIND Mobile, and a diversified communications company, Shaw Communications Inc.
As a result of the proposed transaction, Shaw Communications will replace WIND Mobile as a competitor to the three national mobile wireless service providers, Bell, Rogers and Telus, in urban areas of southern and eastern Ontario, Alberta, and British Columbia.
A truly competitive, dynamic and efficient market is the best guarantee of a strong economy.
Under the Competition Act, the Bureau has a mandate to review mergers to determine whether they are likely to result in a substantial lessening or prevention of competition.
The Competition Act allows for a one-year period following the completion of a transaction during which the Commissioner of Competition may bring an application to the Competition Tribunal challenging the transaction.
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Photo courtesy of Reuters/Todd Korol