| Competition Tribunal
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|
Tribunal de la Concurrence
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Reference: The Commissioner of Competition v. Aviscar Inc., 2015 Comp. Trib. 7
File No.: CT-2015-001
Registry Document No.: 030
IN THE MATTER OF the Competition Act, R.S.C. 1985, c. C-34, as amended; and
AND IN THE MATTER OF an application for orders pursuant to section 74.1 of the Competition Act for conduct reviewable pursuant to paragraph 74.01(1)(a) and sections 74.05 and 74.011 of the Competition Act.
| BETWEEN:
The Commissioner of Competition
(applicant)
and
Aviscar Inc., Budgetcar Inc./Budgetauto Inc., Avis Budget Group, Inc. and Avis Budget Car Rental, LLC
(respondents)
|
|
Date of case management conference: 20150630
Before Judicial Member: Barnes J.
Date of Order: July 7, 2015
SCHEDULING ORDER
[1]
FURTHER TO the application filed by the Commissioner of Competition pursuant to sections 74.01(1)(a), 74.05 and 74.011(1) and (2) of the Competition Act, R.S.C. 1985, c. C-34, alleging that the respondents Aviscar Inc., Budgetcar Inc./Budgetauto Inc. and Avis Budget Group, Inc. are engaging in deceptive marketing practices;
[2]
AND WHEREAS counsel for the parties advised the Tribunal on June 29, 2015 that they had reached an agreement on a timetable for the disposition of the application;
[3]
AND WHEREAS the Tribunal has examined the proposed timetable and is of the view that it is appropriate and respects the principles found in subsection 9(2) of the Competition Tribunal Act, R.S.C. 1985, c. 19 (2nd Supp.);
[4]
AND FURTHER TO the discussion with counsel at the case management conference of June 30, 2015;
THE TRIBUNAL ORDERS AS FOLLOWS:
[5]
The schedule for the pre-hearing steps shall be as follows:
| March 11, 2015 (done)
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Service of Notice of Application
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| April 29, 2015 (done)
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Service of Amended Notice of Application
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| May 29, 2015 (done)
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Service of Particulars upon the Respondents
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| June 29, 2015 (done)
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Deadline for service of Response
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| July 13, 2015
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Deadline for service and filing of Reply, if any
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| September 25, 2015
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Service of affidavits of documents and delivery of documents by all parties
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| October 28, 2015
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Deadline for the filing 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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| Date to be set as needed, on November 9 and 10, 2015
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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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| November 23, 2015
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Deadline for delivery of any additional productions resulting from any affidavits of documents/production motions
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| November 30, 2015 – December 23, 2015
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Examinations for discovery according to a schedule to be settled between counsel
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| January 15, 2016
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Deadline for fulfilling answers to discovery undertakings
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| January 22, 2016
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Deadline for filing motions arising from answers to undertakings and refusals
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| January 28-29, 2016
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Hearing of motions arising from answers to undertakings and refusals
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| February 5, 2016
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Last day for follow-up examinations for discovery
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| February 18, 2016
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Applicant to serve documents relied upon, witness statements, and serve and file expert reports
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| March 4, 2016
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Applicant to serve list of documents proposed to be admitted without further proof
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| March 18, 2016
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Respondent to serve documents relied upon, witness statements, and serve and file expert reports
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| March 24, 2016
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Deadline for delivering any requests for admissions
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| April 4, 2016
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Applicant to serve list of reply documents, witness statements, and serve and file reply expert reports
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| April 11, 2016
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Deadline for the hearing of any motions for summary disposition and/or any motions related to the evidence
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| April 11, 2016
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Deadline to provide documents to the Competition Tribunal for use at the hearing (e.g., briefs of authorities, witness statements, and agreed books of documents)
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[6]
The hearing of the application will commence at 10:00 am on April 18, 2016, for not more than 30 days, in the Hearing Room of the Competition Tribunal located at 600-90 Sparks Street, Ottawa.
| DATED at Ottawa, this 7th day of July, 2015.
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| SIGNED on behalf of the Tribunal by the presiding judicial member
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| (s) R.L. Barnes
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APPEARANCES
For the applicant:
| The Commissioner of Competition
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| Derek Leschinsky
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| Antonio Di Domenico
|
For the respondents:
| Aviscar Inc.
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| Budgetcar Inc./Budgetauto Inc.
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| Avis Budget Group, Inc. and Avis Budget Car Rental, LLC
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| D. Michael Brown
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| Kevin Ackhurst
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| Christine Kilby
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| Christine Spence
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