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October 16, 2012 - No. 129
The Squabble Over Chinese Companies
Operating in Canada
Canadian Political Elite Go Crazy
Unconcerned

Hamilton
steelworkers rally outside
the office of Conservative MP David Sweet
(Ancaster-Dundas-Flamborough-Westdale) on March 19, 2011, to
demand
the government hold U.S. Steel to account for its commitments under the
Investment Canada
Act. Sweet is Chair of Parliament's All-Party Steel Caucus and
Chair of the
Commons Standing Committee on Industry, Science and Technology. |
The
Squabble
Over
Chinese
Companies Operating in Canada
• Canadian Political Elite Go Crazy Unconcerned
- K.C. Adams
Manufacturing Yes!
Nation-Wrecking No!
• Time for Auto Workers to Break New Ground in
Defence of Their Rights
• Rio Tinto Alcan Destroys Under Guise of
Restructuring - Pierre Chénier
Media Conglomerate War
• Proposed Bell Takeover of Astral Reveals
Sharpening Inter-Monopoly Contradictions - Normand Fournier
The Squabble Over Chinese Companies
Operating in Canada
Canadian Political Elite Go Crazy Unconcerned
- K.C. Adams -
The squabble over Chinese companies operating in Canada
would be funny if the ultimate consequences were not so serious. Just
mention the words Nexen and Huawei and the brains of certain members of
the political elite boil in consternation and even hatred. The working
class should look carefully and calmly
at why inter-monopoly and inter-imperialist contradictions seem to
drive the political elite wild and bring out their worst behaviour.
First, the people are told routinely that competition
and globalization are wonderful for the world and leading factors for
prosperity and progress. The next minute, the people are bombarded with
screams of angst that Chinese companies have entered the global
competition and must be stopped. Canadians should
not tolerate this hypocrisy and double standard.

Contrecoeur
steelworkers demand that ArcellorMittal
not get away with our resources, December 14, 2011.
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Most Canadian workers in large companies are fully aware
that they are mostly owned and controlled from abroad. Those foreign
owners routinely put their private interests ahead of the public
interests of Canadians and the rights and security of workers and
Canada's economy. U.S. Steel has decimated the Canadian
steel industry with shutdowns at the two Stelco mills it seized in
2007 and through the power it brandishes from its ownership of a dozen
U.S. mills constantly demands concessions from workers. Under the
banner of good global business decisions, it services many of Stelco's
former steel customers with product
from its own U.S.-based mills even while the Hamilton Stelco blast
furnace is still shut down. Unless restricted, all global monopolies
follow essentially the same monopoly outlook, aim and practices as U.S.
Steel to serve their own private interests in opposition to public
right and interest. The U.S. auto monopolies
routinely use extortion threatening to move facilities to extract
concessions from auto workers, and public pay-the-rich funds and lower
corporate taxes from the federal and Ontario governments. Rio Tinto
Alcan is demanding more concessions from workers in Canada in the name
of a global restructuring campaign.
What does the situation call on the workers to do to
restrict the bad behaviour of global monopolies? The Investment Canada Act is a weak
and without serious enforcement, the global
monopolies act with impunity. All monopolies, no matter where they
originate including Canada should be
held to the same standards. What it means to benefit Canada
should not be made synonymous with what is beneficial to the monopolies
at the expense of the workers and the natural and social environments.
Furthermore, the monopolies must be held to account for written public
commitments to act in ways that are verifiably beneficial to Canadian
public interests. These commitments
must recognize the rights of the working class and provide them with a
guarantee. Failure to meet the commitments must be compensated as when
a government does not meet its commitments to a monopoly and then pays
millions of dollars in compensation. If a monopoly violates the
commitments, as U.S. Steel
has done, the government must hold the company to account and the
working class must hold the government to account to enforce the
agreement and remedy the complaint. Relationships can be brought back
into equilibrium only if they are based on understandable definitions
of mutual benefit and
recognition of the rights of the working class.
Note also that most of these takeovers, such as U.S.
Steel's seizure of Stelco, involve a transfer of money from one company
(usually larger) and its ownership to another company and its ownership
with the money often ending up outside Canada. They are not investments
in the sense of new money coming
into Canada to build something. Often, as in the tech or any industry
other than resources and direct services, the buyer moves the smaller
company out of Canada wrecking the manufacturing base.
 
London Day of
action for Electro-Motive Diesel (Caterpillar) workers, January 21,
2012.
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Canada has the example of the outrageous behaviour of
the U.S. monopolies John Deere and Caterpillar that wrecked perfectly
good manufacturing facilities in Canada and yet continue to sell their
equipment made outside the country into the Canadian market. The rules
of engagement should be perfectly clear:
if a particular monopoly does not manufacture in Canada, then no sales
in the Canadian marketplace should be permitted for that company.
In all sectors of the economy, monopolies must agree
with public rules and regulations guided by a mutually beneficial
relationship and recognition of the rights of the working class if they
wish to operate in Canada, including the sale of their commodities,
which means that the wholesale and trading sector must
come under public scrutiny and control. The government is duty-bound as
custodian of the public interest to hold all companies to account and
punish them if they do not comply with written agreements that are
clear and transparent for all to see. All the other hysteria about this
or that company from China or elsewhere
is a diversion from the practical politics the organizations of the
working class need to work out and implement to defend the public
interest, rights of all and economy from monopoly right.
Nexen Inc. is a U.S.-owned and controlled company listed
on the New York stock exchange as NXY. Occidental Petroleum,
a Los Angeles-based oil company owned 80 per cent of Nexen back in the
eighties when the company was called CanOxy. Ironically some might say,
in the 1990s, the U.S.
company now called Nexen seized control of an originally Canadian
state-owned public enterprise, Wascana Energy Inc., more famously known
as SaskOil, and annexed it within Nexen (CanOxy). The Saskatchewan NDP
government of Premier Allan Blakeney created SaskOil in 1973.
Nexen Inc. now controls vast quantities of global oil
production and distribution in Alberta, Saskatchewan, the Gulf of
Mexico, Yemen, Nigeria, the UK North Sea and elsewhere. The proposed
change of control and ownership of globalized Nexen Inc. from one
foreign company to another, the China National
Offshore Oil Corporation (CNOOC) has sent members of the political
elite, especially members of the NDP and Green Party, into a
disingenuous tizzy.
The noise over the Chinese global companies Huawei and
ZTE is equally specious. One former Nortel executive has even gone so
far as to blame the collapse of Nortel on Huawei to deflect criticism
from a failed economic system, and to defend certain Nortel executives
who are on trial for overt criminal and
corrupt practices.
What monopoly does not engage in spying on its
competitors to gain an edge? That's the name of the competitive game
for heaven's sake. That is another reason why the rules of engagement
for all monopolies in Canada should be transparent and rigidly
enforced. Do members of the political elite think Canadians
are so naïve as to believe that only Chinese companies and the
Chinese government engage in spying or wining and dining clients for
the benefit of their monopolies and owners of capital represented
within their government? Are they suggesting that Canadian, U.S.,
British, French, Japanese and German monopolies
and governments representing their private monopoly interests do not
engage in spying or wining and dining to benefit the most powerful
monopolies and owners of capital who are represented within the
government? What planet do they think we live on?
Canadian political parties, the military and spy
agencies do not even hide the fact that they work with spies from the
U.S. and U.K. Harper quite openly is moving to integrate Canada into
U.S. Homeland Security. Not surprising then that leading the charge
against Nexen and Huawei have been present and former
U.S. and Canadian state agents and a political elite that conciliates
with Harper's annexationist mission and imperialist politics in the
name of humanitarian causes and homeland security.
The political elite who refuse to question much less
oppose or even restrict the system of inter-monopoly and
inter-imperialist competition for markets, raw materials and spheres of
influence and the annexation of Canada into the United States of North
American Monopolies should be denounced for their incitement
of Canadians to side with one monopoly, monopoly group or imperialist
power over another. Such activity is diverting attention from the
disastrous path along which the country is being led to even greater
crises and war. It diverts attention from the fact that public right is
blocked from restricting monopoly right.
It stalls a new pro-social direction for the country from coming into
being. Those same members of the political elite who pick and choose
most favourite or hated monopolies and nations refuse to engage the
working class in decisions which can bring all monopolies under public
restrictions of their behaviour.
The working class must not
give the political elite a
free pass on this important issue. Members of the political caste or
any others for that matter who declare themselves for inter-monopoly
and inter-imperialist competition, or at least conciliate with it in
practice, and then turn around and choose this or that imperialist
or monopoly as favourite or most hated, act as if possessed by a
schizophrenic mental disorder forgetting suddenly that they are for
inter-monopoly competition and globalization. A political leader
accused China of producing almost everything Walmart sells yet said
not a word about the responsibilities of Walmart!
Their fanaticism turns them blind. Worse, they refuse to join with
fellow Canadians to restrict all monopolies and enforce relationships
based on mutual benefit, the public interest and recognition of the
rights of the working class.
The working class should demand that politicians and
business leaders be consistent in their promotion of competition and
globalization as positive. If it is their belief that it is positive
why waffle and side with this or that monopoly or imperialist and
declare some good and some bad? Especially silly is to invoke
something so hypocritical, subjective and one-sided as national
security in these matters all the while siding with members of the
Anglo-U.S. Empire and its spy agencies and war hysteria in opposition
to Canadian public interests and security against imperialist
exploitation and control especially coming from down
south.
Lining up with this or that monopoly or imperialist
against other monopolies or imperialists is against the national
interests of Canada and leads to war and can only be considered
downright irrational and crazy. For a political person who is for
inter-monopoly competition to denounce CNOOC or Huawei and
prohibit them from doing business while allowing other global
monopolies to operate in Canada for the most part without any public
and transparent restrictions indicates a racial or chauvinist bias or a
hidden interest in the form of money invested with a competitor, in
this case a competitor of CNOOC or Huawei
such as U.S.-based companies Cisco Systems, Juniper Networks or
Hewlett-Packard. The Washington Post quotes Cisco chief
executive John Chambers as saying, "Huawei is our biggest long-term
threat." The same newspaper then notes with a hint of sarcasm, "Much of
Cisco's own technology is manufactured
in China."
The working class should raise why these members of the
political elite are not fighting tooth and nail for written rules and
regulations governing all monopolies in Canada, which are rigidly
enforced, and why they are not discussing a new pro-social direction
for the Canadian economy that features self-reliance,
independence of thinking directed towards humanizing the social and
natural environment, trade for mutual benefit and consistent practical
politics that uphold public right not monopoly right and public
interest not private monopoly interest.

Manufacturing Yes! Nation-Wrecking No!
Time for Auto Workers to Break New Ground in
Defence of Their Rights
Canadian auto
workers ratify new collective agreement
CAW Locals at GM, Ford and
Chrysler have settled a
four-year contract with the global auto monopolies. The contents of the
agreement are important but most would agree that the crucial question
for the working class is how to turn the situation around in its
favour. Many workers had little doubt that this collective
agreement would bend in favour of the monopolies and against new hires,
the most vulnerable of auto workers. That has been the case, with a
sledgehammer falling on workers entering the auto workforce.
Unnecessary to list all the concessions other than to
say the wages for newly hired production workers will be only 60 per
cent of established workers and remain below their co-workers for ten
years while other benefits and pensions will stay inferior
indefinitely. New hires will have to pay into a defined contribution
pension fund at increasingly larger amounts reaching a deduction from
wages of around six per cent in ten years.
The wages of current workers remain frozen until
September 2016. A $3,000 signing bonus and three yearly $2,000 lump sum
payments replace the COLA. This means that the basic wage on which
negotiations will begin in 2016 will not have risen in almost a decade
regardless of price inflation.
Promises of investment are contained in the GM and Ford
agreements that last until 2016 but these are apparently contingent on
$400 million dollars of Ontario and Federal government money flowing to
the monopolies through pay-the-rich schemes. Insecurity of employment
and auto production after 2016 is
apparent and already being milked to prepare conditions to extort yet
more concessions at that time.
Auto workers are outraged that their security of
livelihoods and bargaining for wages, benefits, pensions and working
conditions suitable to themselves as a collective and individuals have
been reduced to extortionary threats from the monopolies, governments
and mass media. Not a day goes by without dire warnings
that the monopolies will move their operations to more "business
friendly" venues if the workers do not agree to concessions. This
neo-liberal regime of intimidation and insecurity is not how workers
should live in a modern Canada. Change is necessary but the key
question is how do workers break new ground to
defend their rights and bring pro-social change into being.
First is not to dwell on the disappointment of the
present and overestimate the ability of the regime to maintain the
neo-liberal status quo. The ball is in the workers' court. Workers are
not directly in control of what the owners of monopoly capital and
their political representatives may do but they can be in control
of their own thinking and actions. Modern workers are beings of the
rising independent dynamic class capable of transforming all aspects of
their world including politics, as they have already shown through
their work to transform the previous economy based on petty production
into industrial mass production.
The working class is the rising class that needs to
develop its own independent sense of the modern economy and politics
and how they function. Important to this new independent sense of
economic and political life is the ability to think and analyze. The
situation workers confront is not without remedy and
no one should feel depressed or demoralized. Workers are not a dying
ruling elite such as Shakespeare's Lady Macbeth who laments the
situation, and encourages her husband to forget their crimes as if they
bear no responsibility: "Things without all remedy should be without
regard: what's done, is done."
But shameless to a fault, she repeats her desperate
actions and cries anew two acts later, "What's done cannot be undone."
The modern working class is not of this dying ilk that
lives in regret, refuses to accept responsibility for problems or
change its ways. The past holds lessons of how to proceed in the future
and remedy what has to change. The issue is not to cry about the
contract but to study why workers are in this weakened
position on a seemingly out-of-control downward slide. What's done is
done but what are the necessary factors workers need to address to make
sure next time what's done is in their favour.
For example, workers can stop thinking of themselves as
a cost of production that must constantly be lowered to make the
monopolies more competitive. This is a deathtrap for workers that they
must repudiate. Workers are the centre of all production and the
essential human factor in the economy that produces
all value and services.
The following sentence in the collective agreement is a
big lie that should be denounced and struck down as readily as any
statement that says management has the right to act as it pleases
without restrictions:
"The Company acknowledges that the recently negotiated
new hire provisions substantially enhances the labour cost
competitiveness of new employees in the Canadian operations, which is
one of the several important factors of consideration for investment."
The company can acknowledge whatever it wants but
workers, whether new hires or not, are not costs to anyone but on the
contrary the source of all new value. Investment and relations of
production built on the notion of workers as a cost of production are
doomed to crisis, disequilibrium and failure. That is
no way to build a modern economy and nation. Workers want equilibrium,
security and a new direction for the economy. A remedy is to be found
within the situation but it will not come from the ruling elite and its
politicians and experts; it must come from workers themselves organized
in their collectives and
from their independent thinking, outlook and agenda.
What's done is done but workers cannot and do not live
in regret and tear each other and their organizations apart because of
the conspiracies of the ruling capitalist class. Workers are optimistic
and energetic about changing the world to favour themselves and
society. Let auto workers organize now and sort
out their independent thinking, outlook and agenda so that in 2016 and
the years in between, they will be in a position of unity and strength
to break new ground in the defence of their rights and the rights of
all.

Rio Tinto Alcan Destroys Under Guise of Restructuring
- Pierre Chénier -
Citing lower aluminum prices on the world markets and
increased competition between the industry's monopolies, Rio Tinto
Alcan (RTA) is implementing a global reorganization campaign that
includes the sale and closure of alumina and aluminum plants,
anti-worker reorganization of work in the remaining
plants and massive cuts to managerial staff. Rio Tinto Alcan is placing
the burden of the industry's problems on the backs of the workers and
communities even though they are not responsible for the problems. It
is aggravating the working and living conditions of the workers and
people and undermining economic
development in the regions. The workers are militantly opposed to Rio
Tinto Alcan's claims that it has the monopoly right to make any
decision it wants with no regard for the damage it causes to the people
and the economy. They are militantly opposing secret deals signed by
the Quebec government, Hydro-Quebec
and Rio Tinto which enable the monopoly to act with impunity. While Rio
Tinto is not presently demanding the contract it signed with the Alma
workers be reopened to accommodate its restructuring, it is attacking
the
Arvida workers and all Rio Tinto workers are fighting back. The
Saguenay-Lac-St-Jean and Mauricie regions are known for their fighting
spirit in defence of the rights of all and the workers are meeting this
new attack on their livelihoods and future, determined to make sure the
anti-worker and anti-social reorganization is not carried out at their
expense.
Arvida Complex Cathode Production Centre Closure
In late September Rio Tinto Alcan announced the
indefinite closure of its cathode manufacturing facility in Arvida.
Cathode production will be reduced gradually until the closure,
scheduled for late 2012, the company said. Cathodes are electrodes
used with anodes to conduct electrical current in the vats where
electrolysis reduces alumina to molten aluminum. The company will now
import cathodes from its French subsidiary Carbone Savoie. It has
declared 50 jobs at the Arvida plant redundant. RTA has promised not to
lay off workers but to relocate them
elsewhere in the plant.
The workers, represented by Le Syndicat national des
employés de l'aluminium d'Arvida (SNEEA), affiliated with the
Canadian Auto Workers, are now also informed that the plant will not be
heated during the winter -- a sure sign that work there is not going to
resume.
Uncertainty Over Arvida's Future
Uncertainty about Arvida's future is pervasive, the
workers say. For environmental reasons, the plant's 800 prebake tanks
must be closed at the end of 2014. This closure will affect about 1,000
workers the union says; 700 tank workers and 300 workers that prepare
the anodes and the electrolysis equipment. Rio Tinto Alcan is
modernizing the electrolysis technology, increasing the amount of
aluminum production and making the process cleaner, but it is delaying
the process citing market conditions. The technological modernization
must be done in three phases, but only phase
1 has begun and it only includes 38 new tanks employing only about 80
workers. No announcement has yet been made for phases 2 and 3. The
union estimates that it will take about 32 months after the work begins
to complete phase 2, which would not give enough time to replace the
old tanks even if construction
were to begin immediately. This has created what the union is calling a
"black hole" for some 1,000 workers it seeks to place. The union has
asked the government to grant an extension to tank operations beyond
December 31, 2014 to avoid massive job losses; meanwhile the union is
maintaining pressure in the region
to make Rio Tinto make the necessary investments.
Concerns Over Premature Closures Under Secret Deal
The secret agreement signed between the Quebec
government, Hydro-Quebec and Alcan in 2006, which was renewed when Rio
Tinto purchased Alcan in 2007, included major hydroelectric privileges
for the monopoly and other privileges such
a $400 million interest-free loan in exchange for investments by Rio
Tinto in Quebec. The agreement also included a section that permits Rio
Tinto to close plants that pose what the agreement called a
"sustainability challenge" without losing its privileges. The
agreement as signed in 2007 identified four plants:
the smelters in Shawinigan and Beauharnois and the prebake sections at
the Arvida and Vaudreuil alumina refineries, both of which are in the
Saguenay region. The agreement stated that these plants have an
outdated polluting technology and should eventually close because of
new environmental regulations. The
agreement did not oblige Rio Tinto Alcan to renovate the technology for
these plants in keeping with environmental standards. On the contrary,
the potential closure was considered a fait accompli. The agreement
even added than Rio Tinto would be permitted to close before the axe
falls with regard to environmental
laws if market conditions deteriorated to the point where a tonne of
aluminum would sell for less than U.S.$1,800 on the global market.
This section of the agreement permitted the closure in
early 2009 of the Beauharnois plant, which was to remain in operation
until the end of 2010. This part of the agreement was made public at
that time.
Currently, the Shawinigan plant and prebake tanks at the
Arvida plant are to close at the end of 2014 for environmental reasons.
Workers and the union locals fear that Rio Tinto will once again cite
lower aluminum prices on the markets to close these facilities even
before that date. All of this will drastically
increase unemployment in the region. This closure was also inferred by
Rio Tinto Alcan's spokesman, contributing to an atmosphere of
instability and anxiety which are geared to get the workers to accept a
sense of hopelessness, helplessness and humiliation as if this is
"inevitable."
Major Reduction to Managerial Staff
Rio Tinto Alcan is also planning a massive reduction in
managerial staff in all its facilities around the world. Local media in
the Saguenay-Lac-St-Jean region talk about a 20 per cent reduction in
the total number there. The monopoly's spokespersons have
not confirmed this number but speak about a major reduction to be made
by attrition, using layoffs to accelerate the process. According to
them, the staff reductions will be made among the so-called support
staff and not workers involved in production as such. The workers
understand this to be a clerical downsizing
and reduction of various services, similar to what RTA has already done
by eliminating its regional purchase services.
"Some say we should be happy to learn that a managerial
staff reduction program exists," said Marc Maltais, President of
the Syndicat des travailleurs de l'aluminium d'Alma. "On the contrary.
We fought for quality jobs in the region. Regardless of
whether the jobs are unionized or not, it is these quality
jobs that the region will lose. We can't now turn our backs on this
battle because it is managers who will lose their jobs [...] It could
result in an unfortunate cut to services, decentralization, outsourcing
and a loss in employee services."
Meanwhile, the monopoly continues what it calls "job
restructuring" in its factories. Alma workers know what this means, as
since their return to work following the end of the lockout they have
been fighting the job restructuring which the company is carrying out
without their consent. The restructuring increases
the risks posed to the workers' health and safety and is simply not
acceptable, the workers point out.
Rio Tinto Alcan is gaining a bad reputation for citing
problems "in the market" to explain its attacks on the workers who
produce the wealth in the first place, as well as the populations of
the regions and countries where it operates. Economic problems should
be provided with real solutions, not short-sighted
measures on the workers' backs. Rio Tinto Alcan receives huge
concessions in terms of its hydro usage. It should not be permitted to
steal the resources with no return for the workers and economy of the
regions and the country.

Media Conglomerate War
Proposed Bell Takeover of Astral Reveals Sharpening
Inter-Monopoly Contradictions
- Normand Fournier -
A major fight in the media and telecommunications sector
is underway. Bell and Quebecor are before the Canadian Radio-television
and Telecommunications Commission (CRTC) contesting the purchase of
Astral Media by Bell. This transaction mainly pits Bell and Astral and
their presidents, George Cope (Bell)
and Ian Greenberg (Astral), against Quebecor and its president Pierre
Karl Péladeau.
The CRTC hearings were held in Montreal September 10-14
to determine the share of the television market that Bell would control
if the telecommunications giant's $3.4 billion purchase of Astral Media
was authorized.
The proposed acquisition would create a media empire
that would possess 33.5 per cent of the English-speaking television
market and 24.4 per cent of the French market, in addition to providing
digital content to consumers via online services for computers and
mobile devices such as smartphones and tablet
computers.
A 35 per cent presence in a
market is generally
considered acceptable by regulatory authorities. The transaction must
be approved by the CRTC and the Canadian Bureau of Competition in order
to be finalized. Astral shareholders have already voted in favour of
the sale of the company.
The CRTC heard from businesses in the multimedia,
telecommunications and radio industries, as well as producers, film
groups and consumer advocates, several of whom are opposed to the
transaction. According to CRTC President Jean-Pierre Blais, the CRTC
received 1,667 submissions and more than 8,000
letters, reflecting the concerns arising from the transaction.
News reports indicate that the CRTC is aiming to issue
its ruling by early November.
Bell's bid to purchase Astral reveals the sharp
contradictions between monopolies and amongst other players and how
various concerns relating to media concentration are posed. Professor
Yves Rabeau, associate professor at the Université du
Québec à Montréal's School of Management Executive
Education
Centre, wrote an article published September 10 in Le Devoir
entitled, "Bell-Astral Transaction -- Disturbing Concentration of
Content," which explains the impact of the concentration should the
purchase be approved by the CRTC:
"Bell's transaction to acquire Astral's English and
French channels would put Bell in a dominant position in the media
sector of Canada and Quebec. In Canada, with 51 specialty channels and
its 28 conventional stations, Bell would have major purchasing power in
content and advertising. [...]
"In Canada, Bell would collect 40 per cent in royalties
from the specialty channels for more than $1 billion and 45 per cent of
the advertising revenue of these channels. [...]
"In Quebec, Bell would hold 8 of the 10 most popular
French specialty and pay-per-view channels [if the transaction were
approved by the CRTC.] It would then have 63 per cent of the French and
English specialty channel audience in Quebec. Bell would control nearly
80 per cent of the amounts dedicated to
acquiring content for the French specialty channels in the country.
Bell would become the largest owner of radio stations in Canada, with
117 stations, including 99 music channels. [...]
"In addition, several of Astral's specialty channels in
the acquisition are CRTC constructs, which granted them a thematic
monopoly or obligatory distribution. The channels also [provide access
to royalty fees from local cable or satellite providers]. This creates
a bias in the market with regard to the regular channels
which are major suppliers of original Canadian content, but do not have
access to royalties.
"But in addition to these revenues, specialty channels
also receive advertising revenues so they can modulate rates to attract
advertisers, thanks to income from royalties. These advantages
permitted Astral to achieve a profit margin of around 38 per cent
during the last fiscal year. Already an owner of many specialty
channels in Canada, Bell would benefit from acquiring Astral and its
monopoly-like profits, to support its own strategies in the Canadian
market.
"Thanks to its dominant position in the Canadian market,
Bell Media could become a dominant [power] for advertisers, being able,
thanks to the volume of demand and the fees of its multiple channels,
to offer them at discount prices. This downward pressure on prices
would reduce the advertising revenues for
other competitors and weaken their positions in the market.
"Bell could then, thanks to the profitability of
specialty channels, cross-subsidize its other services for consumers
and lead to unfair competition for other market players in
telecommunications and broadcasting. Bell could, for example, offer
packages for all of its services that would defy all competition.
"With a broad content portfolio, Bell is in a unique
position to provide protected content on all electronic platforms and
in particular to its wireless subscribers, and recover additional
advertising revenue on the growing mobile market." [...]
"It is not Bell's business model that is at issue here,
but its dominant position in the market, which not only poses a major
problem of competition, but also goes against some of the principles
supported by the regulator. The Bell-Astral conglomerate would dominate
broadcast rights purchases for English and
French programming from suppliers of Canadian content. The high
concentration of content raises the question of the diversity of voices
and public access to diverse content and quality. There is also
protection of the consumer, who should be able to freely choose their
media at affordable prices through healthy
competition." [...]
Bell Canada
Bell Canada, commonly known as Bell, is a
telecommunications and media enterprise, founded in 1880 by Charles
Fleetford Sise and headquartered in Montreal. In 2010, its revenues
were more than $18 billion and in 2011 it employed 55,250 people. Bell
is part of the conglomerate
Bell Canada Enterprises (BCE). In addition to its telecommunications
operations, BCE owns Bell Media, which operates several media outlets
and owns CTV Television. BCE also owns 18 per cent of the Montreal
Canadians Hockey Club and is a shareholder of the Bell Centre in
Montreal. Bell controls one-third
of the pay-per-view and specialty channels in Canada. With the purchase
of Astral, it would have 51 channels in all.
In 2011, the Forbes Global 2000 list ranked BCE in the
262nd place. Bell is affiliated with AT&T, in which it has an
ownership stake of approximately 39 per cent. In 2006, AT&T had
revenues of over $300 billion and 1 million employees. AT&T was
bought for $19 billion in 2005 by Baby Bell SBC
Communications, which was soon renamed AT&T Inc.
In Bell's case, since the 35 per cent market presence
generally considered acceptable by the regulation authorities is indeed
exceeded and the effects of its dominant position as a result of the
purchase of Astral are so ubiquitous in the media economy as a whole,
the authorities should simply block the transaction.
In the Anglo-Canadian market the new group would hold a position of
power -- a market share of between 34 and 43 per cent, depending on the
methodology used to calculate it.
On September 10, Bell argued before the CRTC that it was
the only company able to absorb Astral without immediately having to
sell off some of its divisions. For his part, Astral President Ian
Greenberg said that the founding family wants to sell the company and
in the absence of a strong buyer such as Bell,
Astral would become prey to vultures that would dismantle the company
in a "financial engineering" exercise.
But at the insistence of the CRTC, Bell conceded that if
the deal went ahead, it would sell ten radio stations in English
Canada, seven of which would be acquired from Astral. The stations are
mostly FM stations, located in Ottawa, Toronto, Winnipeg, Calgary and
Vancouver.
Astral Media
Astral Media Inc., or Astral, is a Canadian media
enterprise. It is the largest leading broadcaster with 83 radio
stations in eight provinces. It was founded in 1961 by Ian Greenberg
who is also the current president. Astral is a major player in
specialty television in Canada, with The
Movie Network, Super Ecran, Family Channel, Teletoon, Canal D, Canal
Vie, VRAK.TV, Series +, Ztélé and more.
In Quebec it has 24 stations in Montreal, including
CHOM, CJAD, CJFM. Elsewhere in Québec it owns the NRJ network,
Rouge FM network, Boom FM network and a network of 10,000 billboards.
On March 16, 2012, Astral accepted Bell Media's purchase
offer of $3.38 billion. Astral shareholders voted 99.8 per cent in
favour of Bell's offer. This is the reason for the CRTC hearings.
Both players see this transaction as a way to stay
competition from foreign newcomers such as Netflix and Apple. This view
is strongly disputed by Telus and Rogers in particular.
Opponents
In this group we find Quebecor and its president Pierre
Karl Péladeau, as this Quebec quasi-monopoly is seriously
threatened by Astral going to Bell. Joining Quebecor on the website
"Say No to Bell" are Rogers, Cogeco Cable, Eastlink, Communications,
Energy and Paperworkers Union
of Canada (CEP), Vidéotron, Telus, l'Association
québécoise de l'industrie du disque, du spectacle et de
la vidéo (ADISQ), Option consommateurs, and several small cable
operators including, Déry Télécom Inc.,
Câcle-Axion Digitel Inc., Cooptel, Coopérative de
câblodistribution de l'Arrière-Pays, VidéOptique
Inc.,
Cablovision Warwick Inc. and Duclos Michaud Télécom.
The small cable operators' position is clear. They
oppose the CRTC consenting to Bell's purchase of Astral Media.
In a September 5 item in Le Devoir, seven
small cable operators with a total of 74,500 subscribers wrote: "For
many people, the Bell-Astral transaction and opposition to it are a
matter of major players wanting to become larger. Reducing the stakes
of this transaction to a mere 'war of empires,' we
tend to forget that the market for cable television and internet access
is not only the giants' domain." [...]
"[Bell's acquisition will result in] major price
increases and restrictions in terms of what packages we can offer to
our customers. What will happen if Bell is allowed to buy Astral is
less choice, less flexibility and higher prices for our customers.
Nothing to help us remain competitive.
"Ultimately the concentration of so much bargaining
power in the hands of a single company would mean the disappearance of
small cable operators like us, and with us, telephone services and
Internet access for which we are often the only alternative to the
monopoly of major suppliers.
"That's why we are asking the government and the CRTC,
and anyone committed to maintaining competition and consumer choice, to
stand against the purchase of Astral by Bell before it is too late and
marks the death knell for small cable operators."
This article was signed by representatives of
Télécom inc. (25,000 subscribers); Câble-Axion
Digitel inc. (23,000); Cooptel (1,500); Jacques Coopérative de
câblodistribution de l'Arrière-Pays (14,500);
VidéOptique inc. (7,000); Cablovision Warwick inc. (2,000);
Duclos Michaud Télécom (1,500).
Quebecor
Quebecor Inc. is a Quebec company specializing in
commercial printing, media (newspapers, magazines, radio and
television) and telecommunications, including cable, Internet and
telephony. The company headquarters is located in Montreal. It was
founded in 1965 by Pierre Péladeau.
Its sales figures were approximately $10 billion in 2006 and it had
17,000 employees.
The sum of this conglomerate's activities are found in
its subsidiary Quebecor Media, consisting of a group of companies
providing services related to the field of mass communication,
including newspapers, books, magazines, television, cable television,
radio, Internet, etc. The company operates through eleven
subsidiaries: Videotron, Sun Media, Osprey Media, TVA, Messageries
Dynamiques and more.
According to the Canadian Press, Quebecor CEO Pierre
Karl Péladeau painted a particularly bleak picture of the
Canadian media should the CRTC endorse the transaction between Bell and
Astral.
"The competition prevailing in the media world could
suffocate in the coming years, if the CRTC authorized the purchase of
Astral by Bell.
"Canada would become not only one of the countries with
one of the highest concentrations in the field of broadcasting, but it
would also be the only one where regulators accepted a combination of
the largest telecommunications company, built on a state-granted
monopoly for more than a century, with a broadcasting
pole whose concentration approximates that of the conglomerate Mediaset
in Italy."
According to recent data from the CRTC, Quebecor holds
top rank in Quebec, with 30.5 per cent of the television market,
followed by Astral with 18.3 per cent, the Canadian Broadcasting
Corporation with 16.6 per cent and Bell with 8.3 per cent.
The CRTC's chairman asked Péladeau if all the big
companies aren't all just the same when it comes to maximizing profits.
"You are aware that you are also a giant in the media market and use
your weight to maximize shareholder value. Some would say that this is
what Bell and Astral are also trying to do."
Péladeau responded, "I agree, but there are many
ways to act. Certainly the precedent that would be set, if you were to
authorize the transaction, is a dominance over the Anglophone and
Francophone market. A precedent that does not exist today. Each market
is very competitive."
Quebecor and its president are in a difficult position.
They have made themselves the apostles of media consolidation and
convergence since 2001, arguing before the CRTC for Videotron's
acquisition. "Size does not guarantee success, but admittedly, it is an
essential element of the global media landscape, where
consolidation appears as an irreversible process." His right hand man
at the time, Luc Lavoie, said, "We must allow Canadian companies to be
strong enough to provide a quality media product comparable to what is
best in the world."
In Quebec, the Bell-Astral group would have a market
share equivalent to Quebecor's. Péladeau said he fears the end
of competition in the Canadian market. The reality is that what the
latter fears is the emergence of real competition in the Quebec market,
where Quebecor was, until now, the only one of its size.
Telus
The telecommunications monopoly Telus asked the CRTC on
September 13 to block Bell's purchase of Astral. Ann Mainville-Neeson,
Director of Regulatory Affairs for Telus, told the CRTC that to allow
Bell to expand would be detrimental to its rivals and consumers. Telus
added that Bell
has refused or complicated the acquisition of rights to content on
different platforms such as mobile devices, computers and television.
Telus has warned that additional measures are necessary to prevent Bell
from using its strong position in the market if the transaction is
authorized.
Telus disagrees with Bell's affirmation that the price
for the rights of all mobile platforms is $3 million per year.
According to Telus it is $8 million per year.
Telus said that Bell does not need to become larger to
compete with the U.S.-based Netflix internet streaming service for
online TV services. "Bell has built an imaginary enemy, a bogeyman to
justify the acquisition of Astral."
Others
Rogers and Vmedia Inc. have emphasized the context of
anti-competition that the Bell-Astral transaction will create in Canada.
Rogers has refuted Bell's assertion that it wanted to
acquire Astral Media to help provide Canadians with an alternative
solution to foreign online businesses.
The Communications, Energy and Paperworkers Union of
Canada stated that the concentration of media in the
country would have serious consequences. "Media concentration, in
addition to reducing diversity and weakening competition, reduces
employment opportunities in the field of content creation," said Peter
Murdoch, vice-president of the union.
According to Murdoch, the CRTC should demand Bell invest
$43.5 million in new productions for radio and television.
Only Shaw Communications of Calgary supports the
acquisition of Astral by Bell. The Alliance of Canadian Cinema,
Television and Radio Artists (ACTRA), the union that represents artists
from across the country, supports the transaction, subject to certain
conditions.
Political Positions
Parti Québécois MNA Maka Kotto said his
party "would
commit to using every means at its disposal" to prevent what it
describes as "a Toronto takeover of broadcast channels in Quebec."
Former Quebec Premier Jean Charest claimed to have
concerns over the transaction, which were forwarded to the Competition
Bureau, in which the Quebec government would have demanded guarantees
for jobs to be maintained at the company's headquarters and business
operations.
François Legault, the leader of the Coalition
Avenir Quebec (CAQ), expressed similar concerns. "I think this deal is
bad for Quebec and Montreal," he said.
According to NDP spokesman Pierre Nantel, "The situation
is particularly worrisome in Quebec because the pan-Canadian rules do
not sufficiently take into account the specificity and uniqueness of
the French market when it comes time to study the impacts of a
transaction."

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