Roger Ware | Recent Work

Roger is the complete expert package, bringing both analytical depth and first-rate testimonial skills to the table. Roger Ware, Alwington Economics Inc.
Dr. Roger Ware
Economics Inc.

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Nadeau Poultry Farm (2008)

Nadeau filed an Application under section 75 of the Competition Act (refusal to supply) against a group of poultry producers in New Brunswick, who collectively account for 75% of chicken supplied in that province. The application alleged a refusal to supply, with effects including a significant impact on Nadeau's business, and an adverse effect on competition.

I filed an expert report in September, 2008 and testified at the hearing in November 2008. The case remains to be decided.

CRTC Review of regulatory framework for wholesale services and
definition of essential service (2007)

In a major Hearing conducted in October 2007 the issues, in brief, were:

  • a)  What definition should the CRTC adopt for "essential services"?
  • b)  What facilities, functions and services should be considered essential?
  • c)  What pricing principles should apply to essential services?
  • d)  When should future reviews be conducted?
  • e)  What regulatory regime should apply to non-essential services?

I was retained by Rogers Communications to prepare and file a report entitled “The Proper Application Of The Essential Facility Concept In Canadian Telecommunications” . I also testified at the hearing.

In its Telecom Decision CRTC 2008-17 (“the Order”), released on March 3, 2008, the CRTC overhauled its rules governing competitive access to ILEC wholesale services in Canada. In particular, the Order adopted new categories for determining which ILEC facilities and services will be subject to mandatory wholesale provision to competitors. The new framework established by the Order is expected to primarily benefit competitive carriers seeking to enter into the Canadian telecommunications marketplace by mandating access to more facilities and services controlled exclusively by the ILECs. These ILECs can take advantage of the new wholesale rules, but only if they enter into competition outside their dominant markets.

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Canada Pipe (2005)

The Commissioner of Competition sought an order under sections 79 and 77 of the Competition Act against Canada Pipe prohibiting Canada Pipe from engaging in several specified anti-competitive acts and also from engaging in exclusive dealing. Canada Pipe sold cast iron Drain, Waste, and Vent ('DWV') pipe, fittings, and couplings to plumbing distributors and also directly to contractors. DWV systems are made of many materials, and in fact DWV systems made of PVC plastic account for about 80% of all DWV installations. Cast iron accounts for about 10% of DWV installations in Canada.

As Canada Pipe's economic expert I consulted with them extensively prior to the commencement of litigation, and filed a comprehensive expert economic report with the Competition Tribunal for the hearing.

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