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Competition Tribunal Tribunal de la Concurrence REGISTRY DOCUMENT # 124 DIRECTION TO COUNSEL: File No. File No. CT-2002-001 (4) Date: Friday, September 2, 2005

Subject: United Grain Growers Limited v. Commissioner of Competition - Status of Intervention Canadian Wheat Board (“CWB”),

Further to the correspondence filed by counsel for the Canadian Wheat Board (“CWB”), the Commissioner and United Grain Growers Limited (“UGGL”) concerning the CWB's intervenor status in this matter, the Chair of the Tribunal has directed the following;

The question which was the subject of the intervention in the earlier proceeding is no longer relevant. The new question posed in the section 106 application is whether a divestiture would have been agreed to or would have been effective in achieving its intended purpose, given the alleged change in circumstances. Further, on the motion for interim relief, the question is whether UGGL is entitled to an extension of time to complete its divestiture under the Consent Agreement.

If the CWB wishes to pursue its requests for intervenor status in either proceeding, it should serve and file its letter of request on or before 5 p.m. on Wednesday, September 7th, 2005. Responses, if any, from the Commissioner of Competition and UGGL are to be served and filed on or before 5 p.m. on Friday, September 9th, 2005. Reply, if any, from the CWB is to be served and filed by 5 p.m. on Monday, September 12th, 2005.

Please confirm your receipt of this e-mail and respond via return e-mail to filing depot@ct-tc.gc.ca

Larry Séguin Deputy Registrar / Registraire adjoint Competition Tribunal / Tribunal de la concurrence Tel: (613) 954-0857 Fax: 957-3170

Larry_Seguin@CT-TC.gc.ca http://www.ct-tc.gc.ca

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