Boswell

• On Aug. 28, the tribunal ruled that the commissioner’s approach to block the merger was “unreasonable,” although the Competition Bureau stands by its decision to challenge it.
• Since the costs will be covered by the Competition Bureau’s tax-funded budget, some think the commissioner was wrong to challenge the merger.
• Since winners typically get some of their legal costs covered, it was never a question of whether Rogers and Shaw would be awarded compensation, but how much.

How costs are calculated

• In competition cases, the tribunal has the final say on costs.
• To better understand the tribunal’s decision we need to distinguish between two categories of costs: disbursements and legal fees.
• Since tariffs have not kept pace with increasing legal costs, it has become more common for amounts to be calculated as a percentage of actual fees.
• Regardless of the method used, however, the reimbursement is meant to cover only some of the actual legal fees incurred.

The tribunal’s decision

• However, it’s important to put this part of the tribunal’s decision in perspective.
• Its impact on the $13 million total was very small, since the vast majority (about 94 per cent) of it was for disbursements, not legal fees.
• The tribunal also chose to impose the lower of two estimates that Rogers and Shaw proposed.
• “It was by no means vexatious or irresponsible of him to [continue to pursue the case].

Contested cases are uncertain

• Enforcement agencies like the Competition Bureau have a duty to pursue cases they consider to be well-founded and in the public interest.
• Fighting uphill battles that require sophisticated arguments, or test new theories, are part of the job.
• As people assess whether Boswell’s legacy should be continued, it’s important to base it on more than a few misunderstood lines in a judgment.

• LOS ANGELES, April 28, 2023 /PRNewswire/ -- City of Hope, one of the largest cancer research and treatment organizations in the United States, has announced Chandana "Sandy" Lall, M.D., M.B.A., will join the organization as chair of Diagnostic Radiology and vice dean of clinical faculty affairs, effective July 1, 2023.
• Lall currently serves as chair and professor of the radiology department at the University of Florida Jacksonville, and previously served as vice chair and professor of radiology and urology at the University of California Irvine.
• "It is a great honor to join City of Hope's world-class diagnostic radiology department," said Lall.
• "I look forward to partnering with my colleagues to integrate the most sophisticated imaging technologies into City of Hope's clinical trials and cancer therapies.

• Boswell concluded regarding the outlook, "We finished 2022 with $884 million of Adjusted EBITDA from continuing operations.
• Earnings from the UK Storage segment are reported as discontinued operations in the fourth quarter of 2022 and all prior periods.
• We estimate that recent acquisitions completed in 2022 contributed approximately $38.0 million to total revenues for the year ended December 31, 2022.
• Reduced leverage to 3.3x last twelve months Adjusted EBITDA for FY 2022 of $933 million, including the results from discontinued operations from the divested UK Storage segment.

• In a letter filed today with the Minnesota Public Utilities Commission as part of the Integrated Resource Plan (IRP) proceedings, Minnesota Power said it will seek up to 400 megawatts of wind energy and 300 megawatts of regional solar energy.
• Over the next two weeks, the Minnesota Public Utilities Commission will consider the next steps in Minnesota Powers EnergyForward plan as it holds two hearings to discuss the details of the companys IRP.
• The Commission is expected to vote on the IRP on Nov. 22, including the agreement reached on increasing renewables.
• Continuing to invest in innovations that will achieve zero carbon emissions from Minnesota Powers energy supply by 2050.