OFFICIAL ENGLISH TRANSLATION
Citation: Commissioner of Competition v Astral Media Inc., 2002 Comp Trib 2
File No: CT-2001-010
Registry Document No: 33
IN THE MATTER OF an application by the Commissioner of Competition for an order pursuant to section 92 of the Competition Act, RSC 1985, c C-34;
AND IN THE MATTER OF the proposed acquisition by Astral Media Inc. of all of the broadcasting undertakings of Telemedia Radio Inc. located in the Province of Quebec and the Maritime Provinces, and of Telemedia’s 50% interest in Radiomedia Inc.
BETWEEN:
The Commissioner of Competition
(applicant)
and
Astral Media Inc.
Telemedia Radio Inc.
Radiomedia Inc.
(respondents)
Date of hearing by conference call: 2002-01-18
Before: Nadon J.
Date of order: 2002-01-18
Order signed by: Mr. Justice Nadon
ORDER FOR AN EXTENSION OF TIME FOR THE SERVICE AND FILING OF A RESPONSE
[1] FURTHER TO the application made by the Commissioner of Competition (the “Commissioner”) pursuant to section 92 of the Competition Act (the “Act”), RSC 1985, c C-34, for an order directing the Respondents, Astral Media Inc. (“Astral”), Telemedia Radio Inc. (“Telemedia”) and Radiomedia Inc. (“Radiomedia”), not to proceed with the portion of the proposed Transaction involving the acquisition by Astral of Telemedia’s eight French-language radio stations located in the Province of Quebec and Telemedia’s 50% interest in Radiomedia;
[2] AND UPON READING the letter to the Registrar of the Competition Tribunal (“Tribunal”) dated January 10, 2002, which states that notices of application for originating motions by Astral and Telemedia against the Commissioner and others have been filed in the Federal Court of Canada, Trial Division, seeking a declaration that the Act does not apply to the purchase by Astral of all of Telemedia’s broadcasting undertakings in the Province of Quebec and the Atlantic Provinces (the “Proposed Transaction”), and accordingly, that the Commissioner has no jurisdiction to act under the Act with respect to the Proposed Transaction, which is subject to the exclusive jurisdiction of the Canadian Radio-television and Telecommunications Commission;
[3] AND WHEREAS the Commissioner and the Respondents agree that the 30 days for filing a response provided for under subsection 5(1) of the Competition Tribunal Rules (“Rules”) should be further extended to February 27, 2002;
[4] AND WHEREAS subsection 68(3) of the Rules states that time limits may only be extended by order of a judge;
[5] AND WHEREAS the Respondents have undertaken not to complete the Proposed Transaction without giving 10 days’ prior notice to the Commissioner;
[6] AND IT BEING UNDERSTOOD by the Respondents that this request for an extension of time to file a response with the Tribunal is made subject to the Federal Court proceedings in which they are challenging the application of the Act to the Proposed Transaction;
[7] AND IT BEING UNDERSTOOD that the Commissioner’s position with respect to the notices of applications to the Federal Court for originating motions is that the Tribunal has jurisdiction to hear the application filed by the Commissioner under section 92 of the Act;
[8] AND HAVING HEARD from counsel for the parties in a conference call on January 18, 2002, regarding this request for an extension of time to file a response;
[9] AND UPON BEING SATISFIED that this order is warranted in this case;
THE TRIBUNAL ORDERS THAT:
[10] The 30-day time limit for the service and filing of a response pursuant to subsection 5(1) of the Rules is hereby extended. The Respondents have until February 27, 2002, to serve a response on the Commissioner and to file it with the Tribunal with proof of service.
DATED at Ottawa, this 18th day of January 2002.
SIGNED on behalf of the Tribunal by the presiding judicial member.
Certified true translation
Johanna Kratz
APPEARANCES
For the applicant:
The Commissioner of Competition
Carole Johnson
For the respondents:
Astral Media Inc.
Radiomedia Inc.
Lawson A.W. Hunter, Q.C.
Louis Bélanger
Telemedia Radio Inc.
Yves Bériault