Rogers accused of anti-competitive move by rivals over exclusive NHL streaming

TORONTO · Three rival television providers have filed a complaint with Canada's broadcasting regulator, accusing Rogers Communications of anti-competitive practices. Cogeco Inc., Eastlink and SaskTel allege Rogers is inflating sports fans' bills by making Monday night NHL games exclusive to its Sportsnet Plus streaming service this season. In a letter to the CRTC on Tuesday, they said this forces customers of other providers to pay a $12.99 monthly add-on fee to watch those games. The companies are asking the regulator to order Rogers to offer the content to independent distributors for free to ensure parity with its own offering.

The letter warns that Rogers' actions will cause immediate and irreversible structural damage to the broadcasting system without swift regulatory intervention. "Without swift, decisive, and binding regulatory intervention by the commission, this predatory siphoning of must-have live sports content will inflict immediate and irreversible structural damage on the Canadian broadcasting ecosystem," the letter stated. It added that the strategy erodes consumer choice and forces households into mandatory fee-stacking. The providers argue this establishes a dangerous precedent that distorts fair market dynamics.

Sportsnet spokesperson Jason Jackson said the company would address the issues through the CRTC process. "Rogers Cable has paid Sportsnet fair market value to provide Sportsnet Plus exclusive content to their TV customers and decided to make it available to them at no extra cost," Jackson said. He stated that all other TV providers have the same opportunity to make the content available but have so far chosen not to. Jackson added that fans can contact their own provider about this option.

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The complaint also claims Rogers' move breaches conditions attached to its $26-billion takeover of Shaw in 2023. As part of that merger approval, Rogers committed to refrain from making exclusive distribution agreements for online programming. The rival companies argue Rogers is now using its national NHL media rights to give preferential access to its own distribution network. They say this effectively withholds full linear carriage from independent distributors.

Rogers announced the exclusive streaming plan for Monday night games in September. Customers of Rogers, Rogers West and Shaw Direct who have Sportsnet in their TV package receive the content at no extra charge. Subscribers who get Sportsnet through other television providers, however, must pay the additional $12.99 per month. The providers said this dynamic deliberately degrades the user experience on other platforms and leads to an erosion of sports on television.

This NHL season is the first under a new 12-year, $11-billion national TV rights deal held by Rogers for English broadcasts. The exclusive Monday night streaming is one of several changes for viewers. Another is the end of the sublicensing agreement that allowed Saturday night games to air on CBC under the Hockey Night in Canada brand. Those games now air on Sportsnet, marking the first time since 1952 that NHL games are not on the public broadcaster.

Rogers has also increased the annual price for a Sportsnet Plus premium subscription to $344.99, a $20 hike. This follows a $75 increase to annual plans last season. Separately, Rogers has a new 12-year deal with Amazon for Prime Video in Canada to exclusively broadcast Wednesday night regular-season games. A previous agreement between the two companies had Monday night games on Prime Video for the past two seasons.

With files from The Canadian Press, BNN Bloomberg and CBC News