Statement from the Commissioner of Competition Regarding the Ontario Superior Court Decision in the Rogers-Chatr Matter

Statement from the Commissioner of Competition Regarding the Ontario Superior 
Court Decision in the Rogers-Chatr Matter 
OTTAWA, ONTARIO -- (Marketwired) -- 08/20/13 -- John Pecman,
Commissioner of Competition, issued the following statement today in
response to the Ontario Superior Court of Justice's decision
dismissing the misleading advertising portion of the Bureau's
deceptive marketing practices case against Rogers Communications Inc.
(Rogers): 
"We are disappointed that the Court did not agree that Rogers' claims
were misleading to consumers, and we are currently considering our
next steps in this matter. Nevertheless, we are pleased that the
Court has dismissed the constitutional challenges brought forth by
Rogers, and has agreed with our position that Rogers did not conduct
adequate and proper testing beforehand to support its claims about
dropped calls in some Canadian cities. 
During the legal proceedings, Rogers made constitutional challenges
to two key provisions of the Competition Act: i) the administrative
monetary penalty remedy available under the misleading
representations provisions of the Act; and, ii) the requirement in
the Act that advertisers conduct tests prior to making performance
claims. The Bureau successfully argued that the requirement for
adequate and proper testing before making a claim about the
performance of a product is justified. Similarly, the Court agreed
with the Bureau's position that administrative monetary penalties are
not criminal in nature." 
Background: 
The Competition Bureau began legal proceedings against Rogers in
November 2010, alleging in its application that Rogers, in a
Canada-wide advertising campaign, made false or misleading
representations about dropped calls. The Bureau also alleged that the
representations were performance claims and that these claims were
not based on adequate and proper tests. Rogers dismantled the
advertising campaign within a month of the Bureau filing its
application.  
The court will determine and announce a decision on remedies at a
later date.  
The Competition Bureau, as an independent law enforcement agency,
ensures that Canadian businesses and consumers prosper in a
competitive and innovative marketplace. 
See also: 


 
--  Competition Bureau Takes Action Against Rogers Over Misleading
    Advertising (November 19, 2010) -
    http://www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/03316.html 
--  Court to Resume Hearing Competition Bureau's Case Against Rogers (August
    6, 2012) - http://www.competitionbureau.gc.ca/eic/site/cb-
    bc.nsf/eng/03487.html 

Contacts:
For media enquiries, please contact:
Media Relations
819-994-5945
media@cb-bc.gc.ca 
For general enquiries, please contact:
Information Centre
Competition Bureau
819-997-4282 / Toll free: 1-800-348-5358
TTY (hearing impaired): 1-800-642-3844
www.competitionbureau.gc.ca
 
 
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