Tribunal to hear Rogers’ bid to compel documents from Competition Bureau in data plan dispute

Rogers Communications Inc. has asked the Competition Tribunal to compel the Canadian Commissioner of Competition to produce additional documents in its dispute over the company’s “Infinite” high-speed data plans. The commissioner is challenging the request. The proceeding, launched in December by the Competition Bureau, revolves around allegations from the watchdog that Rogers has “falsely" advertised its Infinite wireless phone plans because these plans have data caps after which speeds are significantly reduced, which the bureau argues contradicts the promise of “unlimited” data. As the case moves along at the tribunal, Rogers filed a request on July 7 seeking bureau documents and information related to other telecom providers’ unlimited plans and why the commissioner has not taken action against them. Rogers argues that documents regarding “the commissioner’s consideration or investigation” of other providers’ unlimited plans are relevant to assess consumer understanding in the wireless industry and to support its case that other providers similarly marketed “unlimited” plans. Rogers alleges it has been unfairly singled out, contending that the commissioner's full investigation file is relevant to this claim. But Competition Commissioner Matthew Boswell contends, according to a submission to the tribunal Thursday, that Rogers’ request should be denied because the documents relate to issues that are not disputed and are relevant to a legally invalid defence. “One of Rogers’ defences is that Rogers launched its Infinite Unlimited Plans in 2019 with the commissioner waiting nearly four years to notify Rogers that its conduct was problematic. While the legal significance of the timing, if any, can be debated at the hearing, the underlying facts are not in dispute,” wrote the commissioner’s counsel. The commissioner also argues that documents concerning the reasoning or motivation behind investigative steps are not relevant and that Rogers' allegation of being “unfairly targeted” is not a valid defence in law, asserting that courts have consistently rejected such claims. “The commissioner agrees that other wireless carriers have copied Rogers’ conduct. There is no dispute between the parties that others in the industry engage in similar conduct,” the commissioner’s submission reads. “This in and of itself is irrelevant,” the commissioner continued, comparing Rogers’ counterargument with those made by people who get caught speeding “while others race past.” The commissioner also argues that compelling the production of these documents would be disproportionate. He states that reviewing over a million records received from other telecom companies during the Rogers-Shaw merger would be an exorbitant cost and time commitment for marginally relevant or duplicative information. The commissioner notes that the Bureau has already produced evidence of unlimited representations made by other companies. He also added that information from third parties, unknown to Rogers at the time of the alleged conduct, is generally not relevant to Rogers' defence. A hearing for Rogers' motion has been scheduled for July 14. phalentm@thewirereport.ca

Tribunal to hear Rogers’ bid to compel documents from Competition Bureau in data plan dispute

Regulatory |
By Phalen Tynes-MacDonald
| July 11, 2025

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Tribunal to hear Rogers’ bid to compel documents from Competition Bureau in data plan dispute

Regulatory | By Phalen Tynes-MacDonald | July 11, 2025

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Regulatory |
By Phalen Tynes-MacDonald
| July 11, 2025