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Who's On First? Media Mergers: Interplay between the Broadcasting Act and the Competition Act

June-1-2002

Lawyer Michael Koch, Monique McAlister
Area Entertainment, Communications

Summary


A number of recent media stories have reported on a jurisdictional tussle that pits the Bureau of Competition Policy’s general mandate under
the Competition Act against the specific mandate of the Canadian Radio-television and Telecommunications Commission (“CRTC” or the “Commission”) under the Broadcasting Act.

The Federal Court of Canada has been asked to rule on the respective jurisdictions of the CRTC, and the Competition Tribunal in the context of a proposed sale of media assets. The Federal Court’s Decision could well have far reaching implications for future mergers of media companies that are regulated both under the Broadcasting Act and the Competition Act.

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