Competition Tribunal Tribunal de la Concurrence Citation: Quinlan’s of Huntsville Inc. v. Fred Deeley Imports Ltd., 2004 Comp. Trib. 29 File no.: CT-2004009 Registry Document no.: 0027a
IN THE MATTER OF the Competition Act, R.S.C. 1985, c. C-34; AND IN THE MATTER OF applications by Quinlan's of Huntsville Inc. ("Quinlan") for an order pursuant to section 103.1 of the Competition Act, R.S.C. 1985, c. C-34 (the “Act”), granting leave to bring an application under section 75 of the Act and for an interim order pursuant to subsection 104(1) of the Act;
B E T W E E N : Quinlan’s of Huntsville Inc. (applicant)
and Fred Deeley Imports Ltd. (respondent)
Date of teleconference call: October 21, 2004 Presiding Member: Simpson J. (Chairperson) Date of Order: November 3, 2004
INTERIM ORDER FOR RELIEF
Order [1] UPON the application of the Applicant (“Quinlan’s of Huntsville Inc.”) for an interim supply order pursuant to sections 75 and 104 of the Competition Act, R.S.C. 1985, c. C-34 (the “Act”);
[2] AND UPON reading the material filed by both parties; [3] AND UPON hearing the submissions of counsel for both parties by teleconference on Thursday, October 21, 1004;
[4] AND UPON determining, for the reasons issued this day, that an order should be made; NOW THEREFORE THIS TRIBUNAL ORDERS THAT: [5] Until the Tribunal makes a decision on the merits of the application under section 75 of the Act: (i) the Respondent (“Fred Deeley Imports Ltd.”) is to supply the Applicant with all the non-seasonal General Merchandise and Parts it may order (the “Supply”); and (ii) the Supply is to be governed by the terms of the Retailer Agreement between the parties dated June 9, 1999 which is hereby reinstated as amended by the Tribunal to delete: • paragraphs B1 and 4 • paragraphs C1, 2 and 4 • paragraph D(3)(I) • paragraph F3 • paragraph J • paragraph I(1)(iv) and (ix) • schedule A • schedule B [6] As success was divided, there will be no order as to costs. DATED at Ottawa, this 3 rd day of November, 2004. SIGNED on behalf of the Tribunal by the presiding judicial member.
(s) Sandra J. Simpson
REPRESENTATIVES For the applicant: Quinlan’s of Huntsville Inc. Robert Rueter Andy Chan
For the respondent: Fred Deeley Imports Ltd. R. Seumas M. Woods Christopher Hersh Matthew Horner