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Competition Tribunal Tribunal de la Concurrence Reference: The Commissioner of Competition v. United Grain Growers Limited, 2002 Comp. Trib. 32 File no.: CT2002001 Registry document no.: 0068

IN THE MATTER of the Competition Act, R.S.C. 1985, c. C-34; AND IN THE MATTER of an application by the Commissioner of Competition under section 92 of the Competition Act;

AND IN THE MATTER of the acquisition by United Grain Growers Limited of Agricore Cooperative Ltd., a company engaged in the grain handling business.

B E T W E E N: The Commissioner of Competition (applicant)

and United Grain Growers Limited (respondent)

and The Canadian Wheat Board (intervenor)

Date of pre-hearing conference: 20020903 Member: Dawson J. (presiding) Date of order: 20020904 Order signed by: Dawson J.

ORDER AMENDING THE AMENDED SCHEDULING ORDER DATED AUGUST 12, 2002

[1] FURTHER TO the Scheduling Order dated May 29, 2002; [2] AND FURTHER TO the Order Amending Scheduling Order dated August 12, 2002; [3] AND ON HEARING the submissions of counsel for the parties; [4] AND ON CONSIDERING the consent of counsel for the parties; [5] AND ON BEING SATISFIED THAT the present Order should be rendered in this case; THE TRIBUNAL ORDERS THAT: [6] Paragraph 3 of the Order Amending Scheduling Order dated August 12, 2002, shall be amended as follows:

... September 19, 2002 Parties exchange will-say statements in respect of all non-expert witnesses whom they may call to testify

... October 4, 2002 Filing of Experts’ Affidavits ... October 16, 2002 Filing of Experts’ Rebuttal Affidavits ... DATED at Ottawa, this 4 th day of September, 2002. 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 John Campion Melanie L. Aitken

For the respondent: United Grain Growers Limited Kent Thomson Sandra A. Forbes John D. Bodrug

For the intervenor: The Canadian Wheat Board Randal T. Hughes Jeff Lindsay

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