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Competition Tribunal Tribunal de la Concurrence Reference: Commissioner of Competition v. Sears Canada Inc., 2004 Comp. Trib. 6 File no.: CT2002004 Registry document no.: 0123

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( l)(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. Member: Dawson J. (presiding) Date of order: 20040406 Order signed by: Madame Justice Eleanor R. Dawson

SCHEDULING ORDER REGARDING FINAL ARGUMENT

[1] FURTHER to written submissions of counsel for the parties regarding scheduling of final argument;

[2] AND FURTHER to the consent of counsel for the parties; THE TRIBUNAL ORDERS THAT: [3] The hearing of the application shall resume on Monday, June 28, 2004, at 9:30 a.m. in the hearing room of the Competition Tribunal at 90 Sparks Street, Room 610, Ottawa, Ontario. The hearing of final argument will continue to Wednesday, June 30,2004.

[4] The following schedule for the filing of written submissions shall be followed: April 19, 2004 Filing of Commissioner’s submissions (final argument) June 17, 2004 Filing of Sears’ submissions (final argument) June 25, 2004 Filing of Commissioner’s reply (final argument) DATED at Ottawa, this 6 th day of April, 2004. SIGNED on behalf of the Tribunal by the presiding judicial member. (s) Eleanor R. Dawson

COUNSEL: For the applicant: The Commissioner of Competition John L. Syme Arsalaan Hyder Leslie Milton

For the respondent: Sears Canada Inc. William W. McNamara Marvin J. Huberman Philip J. Kennedy Martha A. Healey Stephen A. Scholtz Teresa J. Walsh Susan Rothfels

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