The Ottawa-based Competition Bureau said in a news release said that shortly after the charges were filed that the bureau became aware of a procedural error, in which certain information subject to solicitor-client privilege had been inadvertently shared with bureau investigators and the Public Prosecution Service of Canada.
“The bureau is aware of steps taken by Progressive to improve its systems to comply with the consent agreement, including its systems for reporting accurately to the bureau on a timely basis,” the bureau said. “The bureau has concluded that it is no longer appropriate to continue court proceedings in this case.”
The Competition Bureau said that Progressive violated the agreement reached with the bureau in 2010 on its merger of IESI-BFC Ltd. and Waste Services Inc. The bureau charged that the Vaughan, Ontario-based Progressive violated the agreement by reacquiring a customer whose contract had been divested under the agreement, as well as false declaration of compliance and failure to notify that the contract had been breached.
"We are pleased with the Competition Bureau’s decision," said Chaya Cooperberg, vice president, investor relations and corporate communications for Progressive, in an e-mail. "We take our obligations under the consent agreement very seriously and are committed to upholding them."