| Competition Tribunal
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|
Tribunal de la Concurrence
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Reference: The Commissioner of Competition v HarperCollins Publishers LLC and HarperCollins Canada Limited, 2017 Comp Trib 17
File No.: CT-2017-002
Registry Document No.: 139
IN THE MATTER OF an application by the Commissioner of Competition pursuant to section 90.1 of the Competition Act, RSC 1985, c C-34 as amended;
| BETWEEN:
The Commissioner of Competition
(applicant)
and
HarperCollins Publishers LLC and HarperCollins Canada Limited
(respondents)
and
Rakuten Kobo Inc
(intervenor)
|
|
Decided on the basis of the written record and submissions
Before Judicial Member: Phelan J.
Date of Order: December 4, 2017
Order signed by: Mr. Justice M. Phelan
SCHEDULING ORDER
[1]
FURTHER TO the notice of application filed by the Commissioner of Competition against the Respondent for orders pursuant to section 90.1 of the Competition Act;
[2]
AND WHEREAS during their discussions concerning a draft scheduling order, the parties disagreed as to the time for and sequencing of their expert reports, particularly as to any efficiencies defence, which disagreement was the subject of a case management conference held on November 3, 2017;
[3]
AND FURTHER TO the Direction of the Tribunal, dated November 6, 2017, which resolved the issues raised at the November 3, 2017 case management conference and directed that certain dates be incorporated into the parties’ draft scheduling order;
[4]
AND FURTHER TO the draft scheduling order provided by the parties on November 24, 2017;
[5]
AND WHEREAS the Tribunal has examined the proposed scheduling order and is of the view that it is appropriate and respects the principles found in subsection 9(2) of the Competition Tribunal Act, RSC 1985, c 19 (2nd Supp);
THE TRIBUNAL ORDERS THAT:
[6]
The schedule for the pre-hearing steps shall be as follows:
| December 15, 2017
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Deadline for a meet and confer to discuss Document Discovery Plan
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| January, 2018
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Mediation
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| January 29, 2018
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Service of Affidavits of Documents and delivery of documents by all Parties
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| February 28, 2018
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Deadline for filing motions arising from the Affidavits of Documents and/or productions and/or in respect of the scope of examinations for discovery
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| March 5–9, 2018
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Hearing of any motions arising from Affidavits of Documents and/or productions and/or in respect of the scope of examinations for discovery
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| March 30, 2018
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Deadline for delivery of any additional productions resulting from any Affidavits of Documents/production motions
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| April 16–25, 2018
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Examinations for discovery according to a schedule to be settled between counsel
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| May 18, 2018
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Deadline for fulfilling answers to discovery undertakings
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| May 30, 2018
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Deadline for filing of motions arising from answers to undertakings and refusals
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| Week of June 11, 2018
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Hearing of any motions arising from answers to undertakings or refusals
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| July 6, 2018
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Last day for follow-up examinations
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| August 3, 2018
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Applicant to serve and file documents relied upon and witness statements
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Applicant to serve and file expert reports, if any
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Applicant to serve list of documents proposed to be admitted without further proof
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| September 28, 2018
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Respondents to serve and file documents relied upon and witness statements
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Respondents to serve and file responding reports, if any, to the Applicant’s expert reports on all matters including efficiencies (s 90.1(4))
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| October 15, 2018
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Deadline for delivering any Requests for Admissions
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| October 26, 2018
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Applicant to serve and file list of reply documents, witness statements
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|
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Applicant to serve and file any reply expert reports and responding report on efficiencies (s 90.1(4))
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| October 31, 2018
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Deadline to provide documents to the Tribunal for use at the hearing (e.g., Briefs of Authorities, Agreed Books of Documents)
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| November 9, 2018
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Respondent to file reply expert reports on matters related to efficiencies (s 90.1(4))
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[7]
The hearing of the Application will commence at 10:00 am on November 13, 2018, in the Hearing Room of the Competition Tribunal located at 600-90 Sparks Street, Ottawa, for a period of at least 15 days. The schedule shall be as follows:
| November 13–16, 2018
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First week of hearing
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| November 19–21, 2018
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Second week of hearing
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| November 27–30, 2018
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Third week of hearing
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| December 4–5, 2018
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Fourth week of hearing
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[8]
The Tribunal will hear oral argument from December 17, 2018 to December 19, 2018.
| DATED at Ottawa, this 4th day of December 2017.
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| SIGNED on behalf of the Tribunal by the presiding judicial member.
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| (s) Michael L. Phelan
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COUNSEL:
For the applicant:
| The Commissioner of Competition
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| John Syme
|
| Katherine Johnson
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| Amanda McGarry
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For the respondents:
| HarperCollins Publishers LLC and
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| HarperCollins Canada Limited
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| Katherine L. Kay
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| Danielle K. Royal
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