Competition Tribunal Tribunal de la Concurrence Reference: The Commissioner of Competition v. Visa Canada Corporation and MasterCard International Incorporated, 2013 Comp. Trib. 11 File No.: CT-2010-10 Registry Document No.: 0336
IN THE MATTER of the Competition Act, R.S.C. 1985, c. C-34, as amended; AND IN THE MATTER of an application by the Commissioner of Competition pursuant to section 76 of the Competition Act;
AND IN THE MATTER OF certain agreements or arrangements implemented or enforced by Visa Canada Corporation and MasterCard International Incorporated.
B E T W E E N: The Commissioner of Competition (applicant)
and Visa Canada Corporation MasterCard International Incorporated (respondents)
and The Toronto-Dominion Bank The Canadian Bankers Association (intervenors)
Decided on the basis of the written record. Before Judicial Member: Phelan J. Date of Reasons and Decision: September 9, 2013 Reasons and Decision signed by: Mr. Justice Michael L. Phelan
REASONS FOR DECISION AND DECISION
[1] In order to issue a clear and comprehensive public version of the Tribunal’s Reasons, the parties were directed by the Tribunal to attempt to agree to the redaction of truly confidential information from the confidential version of the Tribunal’s Reasons. Any such agreed redactions were subject to the Tribunal’s approval.
[2] The parties submitted an agreed public version of the Reasons. The Tribunal has reviewed the redactions, obtained further submissions in respect to some redactions and is now satisfied that the redactions are minimal, soundly based and do not undermine a clear understanding of the Tribunal’s reasons for its decision.
[3] In reaching this conclusion, the Tribunal balanced the overarching principle of an open court system with that of the protection of confidential information, the disclosure of which could cause harm to a party or witnesses for a party. In this case the redactions would, if public, disclose information which could cause or would cause competitive harm in the future. It would be inconsistent with the purposes of the Competition Act, R.S.C. 1985, c. C-34, if the public version of the Tribunal’s Reasons were to undermine the competitive environments in which the parties and witnesses operate.
[4] Therefore, the public version of the Tribunal’s Reasons shall be noted as such and shall be made available to the public as of Monday, September 9, 2013.
DATED at Ottawa, this 9th day of September, 2013. SIGNED on behalf of the Tribunal by the presiding judicial member. (s) Michael L. Phelan
COUNSEL: For the applicant: The Commissioner of Competition Kent E. Thomson Adam Fanaki Elisa K. Kearney Davit Akman William J. Miller Roger Nassrallah
For the respondents: MasterCard International Incorporated Jeffrey B. Simpson David W. Kent James B. Musgrove Adam D. H. Chisholm
Visa Canada Corporation Robert Kwinter Randall Hofley Kiran Patel Daniel Stern Michelle Rosenstock
For the intervenors The Canadian Bankers Association Mahmud Jamal Michelle Lally Jason MacLean
The Toronto-Dominion Bank F. Paul Morrison Christine Lonsdale Adam Ship