Competition Bureau statement regarding merger of XM Canada and Sirius Canada

Position statement

OTTAWA, February 23, 2011 — The Competition Bureau announced today that it does not intend to make an application to the Competition Tribunal to challenge the proposed acquisition of Sirius Canada Inc. (Sirius Canada) by Canadian Satellite Radio Holdings Inc. (CSRHI) under the merger provisions of the Competition Act.

CSRHI is the parent company of Canadian Satellite Radio Inc., which provides satellite digital audio radio services in Canada under the trade name XM Canada. Like CSRHI, Sirius Canada provides satellite digital audio radio services. The parties' respective U.S. counterparts merged in July 2008; however, the Canadian entities have remained independent and continue to operate separately under their respective broadcasting licences from the Canadian Radio-television and Telecommunications Commission (CRTC). The proposed transaction was announced on November 24, 2010, and is the subject of a CRTC hearing scheduled to be held on March 7, 2011. The proposed transaction is subject to independent examination by the Competition Bureau under the Competition Act, and by the CRTC under the Broadcasting Act.

Following a thorough review, the Bureau concluded that the proposed transaction would not likely give rise to a substantial lessening or prevention of competition.

For more information on the Bureau's review, please see the Position Statement.

Mergers in Canada are subject to review by the Competition Bureau under the Competition Act to ensure that they will not result in a substantial lessening or prevention of competition.

The Competition Bureau, as an independent law enforcement agency, ensures that Canadian businesses and consumers prosper in a competitive and innovative marketplace.

This publication is not a legal document. The Bureau’s findings, as reflected in this Position Statement, are not findings of fact or law that have been tested before a tribunal or court. Further, the contents of this Position Statement do not indicate findings of unlawful conduct by any party.

However, in an effort to further enhance its communication and transparency with stakeholders, the Bureau may publicly communicate the results of certain investigations, inquiries and merger reviews by way of a Position Statement. In the case of a merger review, Position Statements briefly describe the Bureau's analysis of a particular proposed transaction and summarize its main findings. The Bureau also publishes Position Statements summarizing the results of certain investigations, inquiries and reviews conducted under the Competition Act. Readers should exercise caution in interpreting the Bureau’s assessment. Enforcement decisions are made on a case‑by‑case basis and the conclusions discussed in the Position Statement are specific to the present matter and are not binding on the Commissioner of Competition.


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