Competition Tribunal Tribunal de la Concurrence Reference: The Commissioner of Competition v. Visa Canada Corporation and MasterCard International Incorporated, 2012 Comp. Trib. 5 File No.: CT-2010-10 Registry Document No.: 159
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: January 24, 2012 Order signed by: Madam Justice Sandra J. Simpson
ORDER CREATING A RE-REVISED SCHEDULING ORDER
[1] FURTHER to the motion filed by the Commissioner of Competition (the "Commissioner") on January 10, 2012, regarding, among other things, undertakings and questions refused or taken under advisement during the examinations for discovery of MasterCard International Incorporated ("MasterCard") and Visa Canada Corporation ("Visa");
[2] AND FURTHER to the motions filed by MasterCard and Visa, respectively, on January 10, 2012, regarding, among other things, undertakings and questions refused or taken under advisement during the examination for discovery of the Commissioner;
[3] AND UPON being advised that the motions have been settled by the parties and that they have respectively agreed to provide answers to certain undertakings and/or certain questions that were refused or taken under advisement during the examinations for discovery of their respective representatives;
[4] AND FURTHER to the request of Justice Phelan during the hearing of January 16, 2012 that the parties provide the Tribunal with a draft order setting out the schedule of their agreement as regards to the motions;
[5] AND UPON receiving a draft order on consent from the parties setting out their agreement in respect of the motions which includes an amendment to the Tribunal’s Order Creating a Revised Scheduling Order, dated August 26, 2011 (“Revised Scheduling Order”), to extend the date for follow-up examinations from January 27, 2012 to February 6, 2012;
[6] AND WHEREAS the judicial member responsible for the case management of the proceedings should review any proposed modifications to the Revised Scheduling Order;
[7] AND WHEREAS all parties consent to the amendment to the Revised Scheduling Order and the amendment preserves the hearing dates.
THE TRIBUNAL ORDERS THAT [8] The Revised Scheduling Order is amended as follows: Monday, February 6, 2012 Last day for follow-up examinations for discovery
Wednesday, February 22, 2012 Applicant to serve documents relied upon and witness statements Applicant to serve and file any expert reports
Friday, March 9, 2012 Applicant to serve list of documents proposed to be admitted without further proof
Friday, March 23, 2012 Respondents and intervenors to serve documents relied upon and witness statements Respondents and intervenors to serve and file any expert reports
Wednesday, March 28, 2012 Deadline for delivering any Requests for Admissions
Wednesday, April 4, 2012 Deadline for responding to any Requests for Admissions
Thursday, April 5, 2012 Applicant may serve reply documents and witness statements Applicant to serve and file any reply expert reports
Friday, April 13, 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
[9] The hearing of the section 76 application will commence at 10:00 am on Monday, April 23, 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:
Monday, April 23, 2012 - First week of hearing (4 days) Thursday, April 26, 2012
Monday, April 30, 2012 – Second week of hearing (4 days) Thursday, May 3, 2012
Monday, May 7, 2012- Third week of hearing (4 days) Thursday, May 10, 2012
Monday, May 14, 2012 - Fourth week of hearing (4 days) Thursday, May 17, 2012
Tuesday, May 22, 2012 - Fifth week of hearing (4 days) Friday, May 25, 2012
Monday, June 4, 2012 - Argument (4 days) Thursday, June 7, 2012
DATED at Ottawa, this 24th day of January, 2012. SIGNED on behalf of the Tribunal by the Chairperson. (s) Sandra J. Simpson
COUNSEL: For the applicant: The Commissioner of Competition Adam Fanaki For the respondents: MasterCard International Incorporated Adam Chisholm Visa Canada Corporation Randall Hofley