Bull, Housser • &Tupper LLP BY E-MAIL The Honourable Madam Justice Simpson Chairperson Competition Tribunal Thomas D'Arcy McGee Building 600 - 90 Sparks Street Ottawa, ON K1 P 584
Dear Madam Justice Simpson: Re: Parfums Givenchy Canada Ltd. ("Givenchy") ats London Drugs Limited ("London Drugs") Application for Leave Pursuant to Section 103.1 of the Competition Act
We act as counsel to London Drugs. London Drugs is in the process of filing Notices of Applications as follows:
1. for leave pursuant to section 103. 1 of the Competition Act; 2. for an Order pursuant to section 75 of the Competition Act; and 3. for an Interim Order pursuant to section 104 of the Competition Act. We understand that Sears Canada Inc. ("Sears") has filed similar applications against Givenchy and that on March 14, 2007, Sears will proceed with its applications.
We respectively suggest that it would be appropriate to hears both Sears' applications and London Drugs' applications at the same time. We also suggest a telephone conference on Monday, March 12, 2007 to address the issues.
In our respectful submission. London Drugs' applications must be heard on an urgent basis as London Drugs will be in a critical position with regard to stock if it is not immediately supplied with Givenchy products. COMPnmON TRIBUNAL TRIBUNAL DE LA CONCURRENCE P F R I 0 L MAR 9 2007 D E u D I REGIHRAR - REGISTRAIRE T OTT AWA, ONT.
3000 Royal Centre. PO Box 11130 1055 West Georgia Street Vancouver . BC . Canada . V6E 3R3 Phone 604.687.6575 Fax 604.641.4949 www.bht.com Reply Attention of: Daniel R. Bennett Direct Phone: 604.641.4882 Direct Fax: 604.646.2553 E-mail: DB@bht.com Our File: 123713 Date: March 8, 2007
2 Bull, Housser &Tupper LLP We look forward to hearing from you. Yours truly, Bull, Housser & Tupper LLP
DB/dma/1506495 Copy to Donald Affleck, Affleck Greene Orr LLP John Rook, Bennett Jones LLP
Blind Copy to J. Gauthier, Borden Ladner Gervais LLP W. Powell, London Drugs Limited D. Bain C. Wilson