| Competition Tribunal
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Tribunal de la Concurrence
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Reference: The Commissioner of Competition v. Air Canada, 2012 Comp. Trib. 22
File No.: CT-2011-004
Registry Document No.: 149
IN THE MATTER OF the Competition Act, R.S.C 1985, c. C-34, as amended;
AND IN THE MATTER OF the proposed transborder joint venture between Air Canada and United Continental Holdings, Inc.;
AND IN THE MATTER OF the “Marketing Cooperation Agreement” between Air Canada and United Air Lines, Inc.;
AND IN THE MATTER OF the “Alliance Expansion Agreement” between Air Canada and United Air Lines, Inc.;
AND IN THE MATTER OF the “Air Canada/Continental Alliance Agreement” between Air Canada and Continental Airlines Inc.;
AND IN THE MATTER OF an Application by the Commissioner of Competition for one or more Orders pursuant to sections 90.1 and 92 of the Competition Act;
| BETWEEN:
The Commissioner of Competition
(applicant)
and
Air Canada, United Continental Holdings, Inc., United Air Lines, Inc., and Continental Airlines Inc.
(respondents)
and
WestJet (an Alberta Partnership)
(intervenor)
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Date of hearing: 20120907
Before Judicial Member: Rennie J. (Chairperson)
Date of order: September 14, 2012
Order signed by: Mr. Justice D. Rennie (Chairperson)
AMENDED SCHEDULING ORDER
[1]
FURTHER to the Scheduling Order of March 6, 2012;
[2]
AND FURTHER to the discussion with counsel for the Commissioner and the Respondents on September 7, 2012, and the Tribunal Direction issued that same day;
THE TRIBUNAL ORDERS THAT:
[3]
The Scheduling Order is amended as follows:
| Wednesday, September 19, 2012
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Applicant and Intervenor to serve documents relied upon and witness statements
Applicant to serve and file expert reports, if any, on all matters
Subject to determination of Intervenor’s ability to file expert evidence, Intervenor to serve and file expert reports, if any
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| Thursday, September 27, 2012
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Applicant to serve list of documents proposed to be admitted without further proof
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| Friday, October 19, 2012
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Respondents to serve documents relied upon and witness statements
Respondents to serve and file expert reports, if any, in response to the Applicant’s and Intervenor’s expert reports
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| Monday, October 22, 2012
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Deadline for delivering any Requests for Admissions
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| Friday, November 2, 2012
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Deadline for the filing of motions related to evidence except evidence to be filed on November 2, 2012
Applicant and Intervenor may serve list of reply documents and witness statements
Applicant and Intervenor to serve and file any reply expert reports
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| Monday, November 5, 2012
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Deadline for responding to any Requests for Admissions
Deadline to provide documents to the Tribunal for use at the hearing (e.g., Briefs of Authorities, witness statements and Agreed Books of Documents)
Deadline for dividing up the hearing time
Deadline for the filing of any motions for Summary Disposition and/or any motions related to the evidence filed on November 2, 2012
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[4]
The hearing of the Application will commence at 10:00 am on Tuesday, November 13, 2012, in the Hearing Room of the Competition Tribunal located at 600-90 Sparks Street, Ottawa, Ontario. The schedule for the hearing shall be as follows:
| Tuesday, November 13, 2012 – Friday, November 16, 2012
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First week of hearing (4 days)
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| Monday, November 19, 2012 – Thursday, November 22, 2012
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Second week of hearing (4 days)
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| Monday, November 26, 2012 – Thursday, November 29, 2012
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Third week of hearing (4 days)
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| Monday, December 3, 2012 – Thursday, December 6, 2012
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Fourth week of hearing (4 days)
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| Monday, December 10, 2012 – Thursday, December 13, 2012
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Fifth week of hearing (4 days)
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| Monday, January 21, 2013 – Thursday, January 24, 2013
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Argument (4 days)
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| DATED at Montreal, this 14th day of September, 2012.
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| SIGNED on behalf of the Tribunal by the Chairperson.
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| (s) Donald J. Rennie
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APPEARANCES:
For the Applicant:
| The Commissioner of Competition
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| Jonathan Hood
Nicholas Cartel
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For the Respondents:
| Air Canada
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| Eliot N. Kolers
Mark E. Walli
James Wilson
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| United Continental, Inc., United Air Lines, Inc., Continental Airlines, Inc.
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| Randall Hofley
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