Canada: L'étude Du Bureau De La Concurrence Sur L'industrie Des Services Internet À Large Bande Offre Un « Portrait Plutôt Encourageant »

Last Updated: August 15 2019
Article by Victoria Hale and Michael Laskey

Le 7 août 2019, le Bureau de la concurrence du Canada a publié les résultats de son étude de marché d'un an sur la concurrence dans l'industrie des services Internet à large bande. L'étude a permis de conclure que la plupart des Canadiens sont satisfaits du choix et du rendement de leur fournisseur de services Internet. Le Bureau souhaite que cette étude joue un rôle important dans l'orientation des futurs examens réglementaires et dans son application de la Loi sur la concurrence.

Une traduction de ce billet sera disponible prochainement.

On August 7th, 2019, Canada's Competition Bureau published the results of its year-long market study on competition in the broadband internet industry. The study found that most Canadians are happy with both their choice of internet service providers, and the performance of their internet service. The Bureau intends for this study to play a meaningful role in its input into future regulatory reviews and its enforcement of the Competition Act. For telecommunications industry stakeholders, the study is broadly positive, confirming that the Bureau appreciates the significant cost of broadband expansion, robust competition and the important role played by wholesale internet providers.

Maintaining and Deploying Networks is Expensive and Important

The study notes that most Canadian households access the internet through wired networks operated by telephone and cable companies ("facilities-based providers"). The study acknowledges that deploying broadband networks is "expensive, challenging and risky", and notes that new fibre optic cable deployment costs a reported one thousand dollars per household. Additionally, maintaining and expanding these networks requires sizeable investments. Because of these significant costs, most Canadian households have access to only two facilities-based internet providers. The study recognizes that the deployment of additional wired networks is unlikely to occur.

Due to the limited number of facilities-based providers, the Canadian Radio-television and Telecommunications Commission mandates that the largest providers must offer wholesale access to their networks, at prescribed rates, to wholesale-based competitors. The study estimates that wholesale-based competitors serve more than 1 million Canadian households and play an important role in the competitive landscape of the broadband industry. The study acknowledges that wholesale-based competitors can increase the negotiating power of some households vis-à-vis facilities-based providers. It also acknowledges that access requirements can have a negative effect on facilities-based providers' willingness to make necessary investments to maintain and evolve their physical networks. Facilities-based providers face an "existential challenge in respect of their ability to provide competitive internet services", as they must spend billions to upgrade networks "or face competitive extinction", while hoping that the CRTC maintains wholesale pricing that allows them to recoup costs.

The Bureau's acknowledgement of challenging and competitive industry dynamics could be perceived as a departure from some of its previous positions on competition among telephone and cable companies. For example, in its 2016 position statement regarding Bell's acquisition of Manitoba Telecom Services, the Bureau described coordinated effects in mobile wireless networks whereby "firms who repeatedly compete in the same market can develop an unspoken understanding that each firm will respond cooperatively to the behaviour of the other firms". In the context of the broadband internet industry, this week's study acknowledges both static and dynamic competition among internet providers (i.e., competition to win and keep customers, and competition to introduce better networks and new technologies) and that such rivalry is an important source of competition, without referring to potential coordinated behaviour.

Improving Technology May Increase Competition

The study finds that existing alternative internet technologies (e.g., satellite and so-called "fixed wireless") generally do not represent compelling alternatives to wired networks. However, the study acknowledges that as wireless networks improve, the supremacy of wired network connections may be challenged. 5G wireless services currently being deployed globally may be capable of delivering the same high speeds as wired connections. The report acknowledges that the availability of 5G may allow new providers to compete for more Canadian households. The report's conclusion suggests that technological advancements could exacerbate the "existential challenge" faced by facilities-based providers as they struggle to justify the costs of updating and maintaining physical infrastructure in the face of new infrastructure-light, wireless competition.

Customers Value Bundling

The Bureau's study also incorporates extensive consumer survey and behavioural economic evidence. In particular, the study finds that two-thirds of respondents had their internet services bundled with other services and two-in-five respondents had three or more services bundled together. The Bureau researched how consumers perceive bundling and found that messaging around cost savings and convenience were persuasive in consumer decision making, and that consumers' preference is not solely driven by "rational cost-benefit analyses". This finding suggests that facilities-based providers offer value (perceived and actual) to consumers not just through wired networks, but through a slate of bundling options.


In sum, the Bureau report paints a picture of robust competition in the broadband industry, including both static and dynamic competition, as technology evolves. In particular, the report recognizes competition among both facilities- and wholesale-based competitors, the importance of investment and the significant role that new technology will play. Armed with the findings of its study, the Bureau will be in a better position to evaluate regulatory and policy issues, as well as potential enforcement activity, in the telecom industry.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
In association with
Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions