Competition Tribunal Tribunal de la Concurrence Reference: Quinlan’s of Huntsville Inc. v. Fred Deeley Imports Ltd., 2004 Comp. Trib. 15 File no.: CT2004009 Registry document no.: 0009
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, 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)
Decided on the basis of the written record. Presiding Member: Simpson J. (Chairperson) Date of order: August 4, 2004
ORDER GRANTING LEAVE, AND ORDER ADJOURNING APPLICATION FOR INTERIM ORDER
[1] FURTHER TO an application for leave pursuant to subsection 103.1(1) of the Competition Act, R.S.C. 1985, c. C-34 (the “Act”) to make an application under section 75 of the Act;
[2] AND FURTHER TO an application for an interim order pursuant to subsection 104(1) of the Act;
[3] AND FURTHER TO the certification by the Commissioner of Competition pursuant to subsection 103.1(3) of the Act;
[4] AND FURTHER TO the response to the application for leave filed by Fred Deeley Imports Ltd. dated July 21, 2004;
[5] AND UPON REVIEWING the materials filed by both parties, including the letter from counsel for the respondent dated July 22, 2004;
[6] AND UPON DETERMINING that the applicant has met the requirements for leave set out in subsection 103.1(7) of the Act;
[7] AND UPON DETERMINING THAT: (a) the Competition Tribunal could conclude that Quinlan is precluded from carrying on business following the termination of its longstanding arrangement as a Harley-Davidson dealer;
(b) the Competition Tribunal could conclude that the respondent is the sole supplier of Harley-Davidson motorcycles and related products;
(c) the Competition Tribunal could conclude that Quinlan is willing and able to meet the respondents’s usual terms;
(d) the Competition Tribunal could conclude that Harley-Davidson motorcycles and related products are in ample supply and;
(e) the Competition Tribunal could conclude (i) that the area bounded by Georgian Bay, Algonquin Park, Sudbury and Orillia constitutes the geographic market, (ii) that Harley-Davidson motorcycles, related products and service constitute one or more product markets and (iii) that the elimination of Quinlan (presently in Huntsville) is likely to have an adverse effect on competition for those customers (including those in North Bay) who, as a practical matter, will be able to deal only with the Harley-Davidson dealer in Lively (near Sudbury).
THE TRIBUNAL ORDERS THAT: [8] This application for leave is granted. [9] The application for interim relief is hereby adjourned to a teleconference to be arranged by the Registrar. During the conference call a date will be chosen for a hearing by teleconference of the application for an interim order, a date will be set for filing respondent’s material and the question of the cross-examination of the applicant will be considered.
DATED at Ottawa, this 4 th day of August, 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