Competition Tribunal Tribunal de la Concurrence Reference: Commissioner of Competition v. Bayer AG, 2002 Comp. Trib. 026 File no.: CT2002003 Registry document no.: 0005
IN THE MATTER OF an application by the Commissioner of Competition for an order pursuant to sections 92 and 105 of the Competition Act, R.S.C. 1985, c. C-34;
AND IN THE MATTER OF an application by the Commissioner of Competition for an order pursuant to section 104 of the Competition Act;
AND IN THE MATTER OF the acquisition by Bayer AG of all of the shares of Aventis CropScience Holding S.A., constituting the agrochemical business of Aventis S.A. and, in Canada, the indirect acquisition by Bayer AG of all of the shares of Aventis CropScience Canada Co.
B E T W E E N: The Commission of Competition (applicant)
and Bayer AG Aventis CropScience Holding S.A. (respondents)
Date of Consultation: 20020606 Member: Lemieux J. (presiding) Date of order: 20020607 Order signed by: Lemieux J.
SCHEDULING ORDER
[1] FURTHER TO section 79 of the Competition Tribunal Rules (SOR/94-290), as amended; [2] AND ON consultation with the parties; THE TRIBUNAL ORDERS THAT: [3] Any comments and requests for leave to intervene in this matter shall be filed by July 8, 2002.
[4] The Commissioner of Competition shall, and the respondent may, serve and file replies to any comments and responses to any requests for leave to intervene by July 22, 2002.
[5] If no requests for leave to intervene are received, the hearing of the application shall take place on July 18, 2002, at 10:00 a.m., in the hearing room at the Competition Tribunal, Thomas D’Arcy McGee Building, 610-90 Sparks Street, Ottawa, Ontario.
[6] If requests for leave to intervene are received: (a) a pre-hearing conference shall be held on July 25, 2002, at 10:00 a.m., in the hearing room at the Competition Tribunal, Thomas D’Arcy McGee Building, 610-90 Sparks Street, Ottawa, Ontario, to hear the requests for leave to intervene; and
(b) to determine the date of the hearing of the application. DATED at Ottawa, this 7 th day of June, 2002. SIGNED on behalf of the Tribunal by the presiding judicial member. (s) François Lemieux
COUNSEL For the applicant: The Commissionner of Competition Josephine A.L. Palumbo For the respondent: Bayer AG Randal T. Hughes Tracey N. Patel
Aventis CropScience Holding S.A. Lawson A.W. Hunter, Q.C. Susan M. Hutton Kim D.G. Alexander-Cook