Competition Tribunal Tribunal de la Concurrence Reference: Commissioner of Competition v. Sears Canada Inc., 2003 Comp. Trib. 31 File no.: CT2002004 Registry document no.: 0103
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)
Date of hearing: 20031114 Member: Dawson J. (presiding) Date of order: 20031222 Order signed by: Madam Justice Eleanor R. Dawson
ORDER REGARDING EXPERT WITNESS
[1] UPON the request of Sears Canada Inc. that Dennis DesRosiers be accepted by the Competition Tribunal (the “Tribunal”) as an expert witness upon the subject of survey methodology and analysis relating to the Canadian aftermarket for tires;
[2] AND UPON hearing the examination and cross-examination of Mr. DesRosiers upon his qualifications;
[3] AND UPON hearing the submissions of counsel; [4] AND UPON the Tribunal reserving its decision upon the matter; THE TRIBUNAL ORDERS THAT: [5] Mr. DesRosiers may attend to testify and may give opinion evidence touching upon survey methodology and analysis relating to the Canadian after tire market.
[6] The Tribunal will continue to reserve its decision as to whether Mr. DesRosiers is properly qualified to give such testimony.
[7] During closing argument counsel may address further submissions to the Tribunal as to what portion of Mr. DesRosiers’ testimony is opinion evidence and whether Mr. DesRosiers is properly qualified to advance such opinion evidence.
DATED at Ottawa this 22 nd day of December, 2003. SIGNED on behalf of the Tribunal by the presiding judicial member. (s) Eleanor R. Dawson
APPEARANCES For the applicant: The Commissioner of Competition John L. Syme Arsalaan Hyder Leslie Milton
For the respondent: Sears Canada Inc. William W. McNamara Philip J. Kennedy Stephen A. Scholtz Teresa J. Walsh Abbas Sabur (student-at-law)