Competition Tribunal Tribunal de la Concurrence Reference: Commissioner of Competition v. Sears Canada Inc., 2005 Comp. Trib. 6 File no.: CT2002004 Registry document no.: 0163
IN THE MATTER OF the Competition Act, R.S.C. 1985, c. C-34; AND IN THE MATTER OF an inquiry pursuant to subparagraph 10(1)(b)(ii) of the Competition Act relating to certain marketing practices of Sears Canada Inc.;
AND IN THE MATTER OF an application by the Commissioner of Competition for an order pursuant to section 74.01 of the Competition Act.
B E T W E E N : The Commissioner of Competition (applicant)
and Sears Canada Inc. (respondent)
Decided on the basis of the written record: February 18, 2005 Member: Dawson J. (presiding) Date of order: February 18, 2005 Order signed by: Madam Justice Eleanor R. Dawson
SCHEDULING ORDER REGARDING MARCH 29, 2005 HEARING
[1] FURTHER TO the Scheduling Order Regarding Hearing Relating to Subsections 74.01(3) and (5) of the Competition Act and with Respect to Submission on Costs dated February 7, 2005;
[2] AND FURTHER TO the submissions of counsel for the parties regarding dates for serving and filing submissions regarding the amount of an administrative monetary penalty;
[3] AND FURTHER TO the submissions of counsel for the parties regarding dates for serving and filing additional authorities for the March 29, 2005 hearing;
[4] AND FURTHER TO the submissions by counsel for the Commissioner of Competition (the “Commissioner”) regarding the preparation of a bill of costs and supporting material;
[5] AND FURTHER TO the consent of counsel for the parties as to the schedule; THE TRIBUNAL ORDERS THAT: [8] The Respondent (“Sears”) shall serve and file submissions and any additional authorities regarding the amount of an administrative monetary penalty by March 17, 2005.
[7] The Commissioner shall serve and file reply submissions and any additional authorities regarding the amount of an administrative monetary penalty by March 24, 2005.
[8] The Commissioner shall provide her bill of costs and supporting material to Sears by 17:00 on Wednesday February 23, 2005.
[9] Sears shall respond to the Commissioner’s bill of costs advising as to which, if any, items are disputed by 17:00 on Wednesday March 23, 2005.
DATED at Ottawa, this 18 th day of February, 2005. SIGNED on behalf of the Tribunal by the presiding judicial member.
(s) Eleanor R. Dawson
COUNSEL: For the applicant: The Commissioner of Competition Leslie Milton For the respondent: Sears Canada Inc. William W. McNamara Martha A. Healey