CT-2009-016 COMPETITION TRIBUNAL Reference: The Commissioner ofC ompetition v. Agrium Inc. File No.: CT-2009-016 Registry Document No.:
IN THE MATTER OF the Competition Act, R.S.C. 1985, c. C-34, as amended, and the Competition Tribunal Rules, SOR/94-290;
AND IN THE MATTER OF the filing and registration of a Consent Agreement in relation to the proposed acquisition by Agrium Inc. of CF Industries Holdings, Inc.
AND IN THE MATTER OF an Application pursuant to paragraph 106(1)(b) of the Competition Act.
BETWEEN: THE COMMISSIONER OF COMPETITION Applicant - and-AGRIUM INC. Respondent Decided on the basis of the written record. Presiding Judicial Member: Date of Order: Order signed by:
ORDER ALLOWING AN APPLICATION UNDER PARAGRAPH 106(1)(b) OF THE COMPETITION ACT TO RESCIND A CONSENT AGREEMENT
[l] FURTHER to the Consent Agreement filed on November 4, 2009, by the Commissioner of Competition ("Commissioner'') in relation to the proposed acquisition by Agrium Inc. ("Agrium") of CF Industries Holdings, Inc. ("Consent Agreement");
[2] AND FURTHER to an Application made on consent pursuant to paragraph 106(1)(b) of the Competition Act, R.S.C. 1985, c. C-34 ("Act"), by the Commissioner and Agrium, to rescind the Consent Agreement;
[3] AND UPON considering a letter from counsel for the Commissioner and Agrium dated March 31, 2010, explaining why the Consent Agreement is no longer required;
[4] AND UPON being satisfied with the explanation provided; [5] AND UPON noting that the rescission of the Consent Agreement is on consent but is nevertheless a discretionary matter for the Tribunal;
[6] AND UPON dispensing therefore with the application of the Competition Tribunal Rules, SOR/2008-141, which require the filing of pleadings in proceedings under section 106 of the Act;
THE TRIBUNAL ORDERS THAT: [7] The Application made pursuant to paragraph 106(1)(b) of the Act is allowed. [8] The Consent Agreement is rescinded. DATED at Ottawa, this _day of 2010. SIGNED on behalf of the Tribunal by the Chairperson
COUNSEL: For the applicant: The Commissioner of Competition Nikiforos Iatrou
For the respondent: Agrium Inc. Robert E. Kwinter