CT-011 oog-THE COMPETITION TRIBUNAL IN THE MATTER OF an application by the Commissioner of Competition for a Consent Order pursuant to sections 79 and 105 of the Competition Act, R.S.C. 1985, c. C-34 as amended;
AND IN THE MATTER OF certain practices of anti-competitive acts by Enbridge Services Inc. ("ESI") within certain markets in the province of Ontario;
AND IN THE MATTER OF an abuse of dominant position in the supply of conventional or power vent~d nat ~airng';'a~c:ti.". '.u .:·, ;re,. i:ra"'m-N-Tr-J:;--,.l-IN-AL--... water heaters not used for commercial pur osBSB(/,w.a• LA wm::.:muwa heaters") and related services within certain E T W E E :evince of Onrario. 8
THE COMMISSIONER OF COMPETff~ot-n_A_w_A_, _;-_~r_-~_-...;~f.!,,#~u.LJ
Applicant
-AND-ENBRIDGE SERVICES INC. · Respondent
NOTICE OF APPLICATION TAKE NOTICE THAT: 1. The Commissioner of Competition (the "Applicant"), will make an application on consent of Enbridge Services Inc. ("ESI") (the "Respondent") to the Competition Tribunal pursuant to sections 79 and 105 of the Competition Act (the "Competition Acf') for:
arkets in the ~ 1 I~ ... ~fC' 8-,,~.~:. ~
- 2 -a) an Order pursuant to sections 79 and 105 of the Competition Act as set out in the Draft Consent Order attached hereto; and
b) such further and other order as the Applicant and the Respondent, on consent, may advise and this Honourable Tribunal considers appropriate.
AND TAKE NOTICE THAT: 2. In support of this application, the Applicant relies upon the Statement of Grounds and Material Facts, the Draft Consent Order, the Affidavit of Mark Ronayne dated the 17 th day of December, 2001, the Consent Order Impact Statement and the Consent of the Parties to this application, all filed, and such other material as may be filed or counsel may advise.
3. The Applicant and the Respondent agree, unless the Tribunal requests otherwise, that no other evidence will be given in connection with this application and that the evidence will be limited to the Affidavit of Mark Ronayne dated the 17 th day of December, 2001 attached hereto.
4. The names and addresses of the persons against whom a Consent Order is sought are listed below.
- 3 -5. The Applicant and the Respondent request that, should a hearing be necessary, this application be held in Ottawa, Ontario, and that the proceedings be conducted in the English language. DATED at Hull, Quebec this l 77ay o ecember, 2001. on Finckenstein, Q.C. mmissioner of Competition I ce du Portage, Phase I Victoria Street, 21 51 Floor Hull, Quebec K1A OC9 Telephone: (819) 997-3301 Facsimile: (819) 953-5013
ADDRESS FOR SERVICE OF THE APPLICANT: Josephine A.L. Palumbo Department of Justice Competition Law Division Place du Portage, Phase I 50 Victoria Street, 22nd Floor Hull, Quebec K1A OC9
Telephone: (819) 997-3325 Facsimile: (819) 953-9267 Counsel for the Commissioner of Competition
- 4 -TO: The Registrar of the Competition Tribunal 90 Sparks Street, Suite 600 Ottawa, Ontario K1P 5B4
ADDRESSES FOR SERVICE OF THE RESPONDENT: David M. Purdy Enbridge Services Inc. 500 Consumers Road North York, Ontario M2J 1P8 Telephone: (416) 495-5877 Facsimile: (416) 753-7336
William G. VanderBurgh Aird & Berlis LLP Suite 1800, Box 754 181 Bay Street Toronto, Ontario M5J 2T9 Telephone: (416) 863-1500 Facsimile: (416) 863-1515
Counsel for the Respondent
CT-01/ THE COMPETITION TRIBUNAL IN THE MATTER OF an application by the Commissioner of Competition for a Consent Order pursuant to sections 79 and 105 of the Competition Act, R.S.C. 1985, c. C-34 as amended;
AND IN THE MATTER OF certain practices of anti-competitive acts by Enbridge Services Inc. (“ESI”) within certain markets in the province of Ontario;
AND IN THE MATTER OF an abuse of dominant position in the supply of conventional or power vented natural gas fuelled water heaters not used for commercial purposes (“water heaters”) and related services within certain markets in the province of Ontario.
B E T W E E N: THE COMMISSIONER OF COMPETITION Applicant - and -ENBRIDGE SERVICES INC. Respondent _______________________________________ NOTICE OF APPLICATION JOSEPHINE A.L. PALUMBO Department of Justice Competition Law Division Place du Portage, Phase 1 50 Victoria Street, 22 nd Floor Hull, Quebec K1A OC9
Tel: (819) 997-3325 Fax:(819) 953-9267
Counsel to the Commissioner of Competition