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Competition Tribunal Tribunal de la Concurrence Reference: The Commissioner of Competition v. United Grain Growers Limited, 2002 Comp. Trib. 23 File no.: CT2002001 Registry document no.: 0034

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 Hearing: 20020514 to 20020515 Member: McKeown J. (Chairman) Date of order: 20020529 Order signed by: McKeown J.

SCHEDULING ORDER

[1] FURTHER TO the schedule proposed by counsel for the Commissioner of Competition (“Commissioner”) and counsel for United Grain Growers Limited;

[2] AND ON HEARING the submissions of counsel for the parties; THE TRIBUNAL ORDERS THAT: [3] The hearing of the application shall commence on October 21, 2002, at 10:00 a.m. in Vancouver, British Columbia, tentatively.

[4] The following schedule for pre-hearing procedures shall be followed: June 24, 2002 Examination of United Grain Growers Limited’s to June 28, 2002 representative July 9, 2002 Pre-hearing conference July 15, 2002 Examination of Commissioner’s representative to July 19, 2002

August 16, 2002 Parties file Agreed Statement of Facts August 23, 2002 Parties exchange will-say statements in respect of all non-expert witnesses whom they may call to testify

August 28, 2002 Pre-hearing conference call, if necessary, to address any procedural issues

September 3, 2002 Pre-hearing conference September 6, 2002 Parties serve any notices required under the Canada Evidence Act

September 11, 2002 Filing of Experts’ Affidavits September 20, 2002 Pre-hearing conference October 4, 2002 Filing of Experts’ Rebuttal Affidavits October 11, 2002 Parties to submit joint book of documents

DATED at Ottawa, this 29 th day of May, 2002. SIGNED on behalf of the Tribunal by the presiding judicial member. (s)W.P. McKeown

APPEARANCES: For the applicant: The Commissioner of Competition John Syme Arsalaan Hyder

For the respondent: United Grain Growers Limited Kent E. Thomson Sandra A. Forbes

For the intervenor: The Canadian Wheat Board Randall T. Hughes Susan E. Paul Jeff Lindsay

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