Competition Tribunal Tribunal de la Concurrence Reference: The Commissioner of Competition v. Visa Canada Corporation and MasterCard International Incorporated, 2012 Comp. Trib. 10 File No.: CT-2010-10 Registry Document No.: 167
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: Simpson J. Date of Order: March 7, 2012 Order signed by: Madam Justice Sandra J. Simpson
ORDER CREATING AN AMENDED SCHEDULING ORDER
[1] FURTHER TO the application filed by the Commissioner of Competition pursuant to section 76 of the Competition Act, R.S.C. 1985, c. C-34, alleging that the respondents Visa Canada Corporation and MasterCard International Incorporated are engaging in price maintenance;
[2] AND FURTHER TO the Tribunal’s amended scheduling order dated February 8, 2012 (“Scheduling Order”);
[3] AND FURTHER TO the letter from counsel for the Commissioner filed on March 6, 2012 in which he seeks to make amendments to the Tribunal’s Scheduling Order as a result of certain scheduling issues that have arisen between the parties;
[4] AND WHEREAS all parties consent to the proposed amendments to the Scheduling Order and the amendments preserve the hearing dates.
THE TRIBUNAL ORDERS THAT [5] The Scheduling Order is amended as follows: Wednesday, March 14, 2012 Applicant to serve documents relied upon and witness statements Applicant to serve and file any expert reports
Friday, March 30, 2012 Applicant to serve list of documents proposed to be admitted without further proof
Tuesday, April 10, 2012 Respondents and intervenors to serve documents relied upon and witness statements Respondents and intervenors to serve and file any expert reports
Monday, April 16, 2012 Deadline for delivering any Requests for Admissions
Monday, April 23, 2012 Deadline for responding to any Requests for Admissions
Monday, April 23, 2012 Applicant may serve reply documents and witness statements Applicant to serve and file any reply expert reports
Friday, April 27, 2012 Deadline for providing 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
Date to be set, if needed Hearing of any pre-hearing motions not described above
[6] The hearing of the section 76 application will commence at 10:00 am on Tuesday, May 8, 2012, in the Hearing Room of the Competition Tribunal located at 600-90 Sparks Street, Ottawa. The schedule for the hearing shall be as follows:
Tuesday, May 8, 2012 – First week of hearing (3 days) Thursday, May 10, 2012
Monday, May 14, 2012 – Second week of hearing (4 days) Thursday, May 17, 2012
Tuesday, May 22, 2012 – Third week of hearing (4 days) Friday, May 25, 2012
Monday, May 28, 2012 – Fourth week of hearing (5 days) Friday, June 1, 2012
Monday, June 4, 2012 Fifth week of hearing (4 days) Thursday, June 7, 2012
Monday, June 11, 2012 - Break week Friday, June 15, 2012
Monday, June 18, 2012 - Argument (4 days) Thursday, June 21, 2012
DATED at Ottawa, this 7th day of March, 2012. SIGNED on behalf of the Tribunal by the Chairperson. (s) Sandra J. Simpson
COUNSEL: For the applicant: The Commissioner of Competition Kent E. Thomson Adam Fanaki William J. Miller Davit D. Akman
For the respondents: MasterCard International Incorporated Jeffrey B. Simpson David W. Kent James B. Musgrove
Visa Canada Corporation Robert Kwinter Randall Hofley Navin Joneja
For the intervenors Canadian Bankers Association Mahmud Jamal Michelle Lally Jason MacLean
Toronto-Dominion Bank F. Paul Morrison Glen G. MacArthur Christine Lonsdale