Competition Tribunal Tribunal de la Concurrence Reference: Commissioner of Competition v. Canadian Waste Services Holdings 2003 Comp. Trib. 14 File No. CT2003005 Registry Document No.: 0020
IN THE MATTER OF the Competition Act, R.S.C. 1985, c. C-34, as amended; AND IN THE MATTER OF an application by Canadian Waste Services Holdings Inc., Canadian Waste Services Inc. and Waste Management Inc. under section 106 of the Competition Act;
AND IN THE MATTER OF the acquisition by Canadian Waste Services Inc. of the Ridge Landfill in Blenheim, Ontario from Browning-Ferris Industries Ltd.
B E T W E E N: Canadian Waste Services Holdings Inc., Canadian Waste Services Inc. and Waste Management Inc. (applicants)
and Commissioner of Competition (respondent)
and The Corporation of the Municipality of Chatham-Kent (applicant for leave to intervene)
Decided on the basis of the written record. Member: Simpson J. (Chairperson) Date of Order: 20030729 Order signed by: Simpson J.
ORDER GRANTING REQUEST FOR LEAVE TO INTERVENE
[1] FURTHER TO the notice of application filed on May 29, 2003, by Canadian Waste Services Holdings Inc., Canadian Waste Services Inc. and Waste Management Inc. under section 106 of the Competition Act, R.S.C. 1985, c. C-34;
[2] AND FURTHER TO the Request for Leave to Intervene on behalf of the Corporation of the Municipality of Chatham-Kent dated July 11, 2003;
[3] AND ON CONSIDERING the consent of the parties; THE TRIBUNAL ORDERS THAT: [4] The Corporation of the Municipality of Chatham-Kent is granted leave to intervene and is allowed:
(a) to make representations on the divestiture issues which are relevant to the present matter, through:
the filing of affidavit evidence; (ii) the filing of a motion requesting that for the purposes of any order of the Competition Tribunal, the Gore Road Landfill be defined as the Gore Road Landfill together with all associated business, shares and assets, including the Landfill Compensation Agreement entered into between the Township of Harwich and Gore Sanitation Service Ltd.; and
(iii) the submission of written and oral legal argument at the hearing of the application; and b) to make written and oral submissions of legal arguments on competition law matters that are not repetitious in nature.
DATED at Ottawa, this 29 th day of July, 2003. SIGNED on behalf of the Tribunal by the presiding judicial member. (s) Sandra J. Simpson
COUNSEL For the applicants: Canadian Waste Services Holdings Inc. Canadian Waste Services Inc. Waste Management Inc.
David W. Scott Shawn C.D. Neylan Nicholas P. McHaffie
For the respondent: The Commissioner of Competition Donald B. Houston W. Michael G. Osborne Andre Brantz
For the applicant for leave to intervene: The Corporation of the Municipality of Chatham-Kent John Willms