Background:

• The Commissioner of Competition initiated an inquiry into Rogers' marketing practices, specifically concerning claims about "unlimited" or "infinite" data in mobile services.
• The inquiry led to a request for Rogers to produce records and information under the Competition Act.

Legal Issues:

1. The Commissioner sought a confidentiality order to seal certain information obtained through the inquiry.
2. Rogers supported the motion, acknowledging the sensitivity of the information involved.

Court’s Analysis and Decision:

• The court applied the legal test for issuing a confidentiality order, balancing the public interest in open court proceedings against the risk of harm from disclosing sensitive information.
• Both parties agreed on the confidentiality of certain information, particularly related to Rogers' business strategies and internal documents that were part of a Supplementary Information Request (SIR) issued during the inquiry.

Outcome:

• The Federal Court granted the motion to treat specific information as confidential under Rule 151 of the Federal Courts Rules.
• The court emphasized the importance of protecting competitive interests and the integrity of the statutory merger review process, ensuring that sensitive commercial information was not disclosed to the public or competitors.
• No costs ordered.