Competition Tribunal Tribunal de la Concurrence Reference: Commissioner of Competition v. Saskatchewan Wheat Pool Inc., 2005 Comp. Trib. 48 File No.: CT2005009 Registry Document No.: 0008
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 for an Order pursuant to section 92 of the Competition Act;
AND IN THE MATTER OF an application by the Commissioner of Competition for an Order pursuant to section 104 of the Competition Act;
AND IN THE MATTER OF a joint venture between Saskatchewan Wheat Pool Inc. and James Richardson International Limited in respect of port terminal grain handling in the Port of Vancouver.
B E T W E E N : Commissioner of Competition (applicant)
and Saskatchewan Wheat Pool Inc. James Richardson International Limited 6362681 Canada Ltd. and 6362699 Canada Ltd. (respondents)
Date of hearing by conference call: 20051209 Presiding Judicial Member: Lemieux J. Order: December 9, 2005 Order signed by: Mr. Justice F. Lemieux
ORDER RELATING TO MATTERS CONSIDERED AT THE CASE MANAGEMENT CONFERENCE OF DECEMBER 9, 2005
[I] FURTHER TO the request made by the applicant pursuant to Rule 64 of the Competition Tribunal Rules, SOR/94-290, as amended, for an order declaring confidential a version of her Statement of Grounds and Material Facts which has been received in support of her notice of application made under section 92 of the Competition Act, R.S.C. 1985, c. C-34, as amended;
[2] AND FURTHER TO the consent expressed by the parties during the case management conference call of December 9, 2005, as to a schedule for the filing of documents regarding the applicant's request for a confidentiality order;
[3] AND FURTHER TO the request made by the respondents for an order extending the time limit prescribed by the Competition Tribunal Rules for serving and filing a response to the applicant's notice of application made under section 92 of the Competition Act;
[4] AND FURTHER TO the applicant's consent to the respondents' request for an order extending the time limit for serving and filing a response;
[5] AND FURTHER TO the discussion held with the parties during the case management conference call of December 9, 2005.
THE TRIBUNAL ORDERS THAT: [6] The time limit to serve and file a response to the notice of application filed by the applicant under section 92 of the Competition Act is extended to January 20, 2006;
[7] The schedule regarding the applicant's request for a confidentiality order shall be as follows:
December 15, 2005 Exchange of affidavits December 21, 2005 (i) Filing of affidavits with the Tribunal; (ii) Service and filing of separate or joint submissions with the Tribunal;
(iii) Filing of a draft consent confidentiality order specifically related to the applicant's Statement of Grounds and Material Facts with the Tribunal; and
(iv) Filing of a draft consent confidentiality order of general application with the Tribunal.
[8] The parties may return to the Tribunal for further directions with respect to this schedule should the need arise.
DATED at Ottawa, this 9 th day of December 2005. SIGNED on behalf of the Tribunal by the presiding judicial member. (s) François Lemieux
APPEARANCES: For the applicant: Commissioner of Competition Jonathan Chaplan For the respondents: Saskatchewan Wheat Pool Inc. 6362681 Canada Ltd. and 6362699 Canada Ltd.
Peter Bergbusch James Richardson International Limited Adam F. Fanaki Robert Russell