The Competition Bureau’s arguments had focused on what they said were four key legal errors that focused especially on how the proposed sale of Shaw’s Freedom Mobile to Videotron factored into the tribunal’s decision.
Stratas said some of the points raised by the bureau were disputed as a combination of issues of fact and law, while the Court of Appeal can only look into matters of law.
"The Commissioner appears to be inviting us to reweigh the evidence, which we cannot do,” he said.
The deal, which Rogers hopes to close by Jan. 31, still requires approval from Industry Minister Francois-Philippe Champagne.
Champagne said in a statement that he was reviewing the Federal Court of Appeal’s decision and will be making a decision on the deal in due course.
The Competition Tribunal approved the deal on Dec. 30 at the end of more than four weeks of hearings. Rogers and Shaw first announced the deal in March of 2021.