PUBLIC VERSION

 

 

Reference: Commissioner of Competition v. Quebecor Media Inc. et al, 2008 Comp. Trib. 34

File No.: CT-2008-012

Registry Document No.: 0014

 

IN THE MATTER OF the Competition Act, R.S.C. 1985, c. C-34, and its amendments; AND IN THE MATTER of the acquisition of Sogides Ltée by Quebecor Media Inc.;

AND IN THE MATTER of an application made under paragraph 106(1)(b) of the Competition Act;

 

 

 

BETWEEN:

 

The Commissioner of Competition

(applicant)

Quebecor Media Inc., 127901 Canada Inc. and Pierre Lespérance

(respondents)

 

 

Decided on the basis of the written record.

Members: Madam Justice Simpson (Chaiperson of the Tribunal), H. Lanctôt and P.A. Gervais Date of order: December 18, 2008

Order signed by: Madam Justice Simpson (Chaiperson of the Tribunal), H. Lanctôt and P.A. Gervais

 

 

 

ORDER IN RESPECT OF AN APPLICATION TO VARY MADE UNDER PARAGRAPH 106(1)(B) OF THE COMPETITION ACT TO VARY THE CONSENT REGISTERED ON DECEMBER 13, 2005 - WITH THE CONSENT OF THE PARTIES

[1] FURTHER TO the consent registered on December 13, 2005, under section 105 of the Competition Act, R.S.C. 1985, c. C-34;

 

[2] AND FURTHER TO the application to vary made under paragraph 106(1)(b) of the Competition Act to vary the registered consent;

 

[3] AND FURTHER TO the document entitled “Modification au consentement enregistré concernant l’acquisition de Sogides Ltée par Quebecor Media Inc.” dated December 10, 2008, which is signed by the parties and which confirms that a variation to the registered consent is necessary for [CONFIDENTIAL] in articles 4 and 5 of the said consent;

 

[4] AND FURTHER TO the application to vary being made jointly by the parties to the registered consent;

 

[5] AND WAIVING the application of the Competition Tribunal Rules, SOR/2008-141, which prescribe the filing of pleadings in connection with applications made under section 106 of the Competition Act, to the parties;

 

[6] AND BEING SATISFIED by the explanations given by the parties,

 

THE TRIBUNAL ORDERS THAT:

 

[7] The application is allowed;

 

[8] The parties must file, within 10 days of this order, the document entitled “Modification au consentement enregistré concernant l’acquisition de Sogides Ltée par Quebecor Media Inc.” and an English translation thereof. On receipt of this filing, the document will confirm that the consent registered on December 13, 2005, is varied by [CONFIDENTIAL] in articles 4 and 5 of the said consent.

 

DATED at Ottawa, this 18th day of December 2008.

 

SIGNED on behalf of the Tribunal by the panel members

 

 

(s)  Sandra J. Simpson

 

(s)  Henri Lanctôt

 

(s)  P. André Gervais

COUNSEL:

 

For the applicant:

 

The Commissioner of Competition John Syme

 

 

For the respondents:

 

Quebecor Media Inc. Denis Gascon

 

127901 Canada Inc. and Pierre Lespérance Nicole Chouinard