Competition Tribunal Tribunal de la Concurrence Reference: Commissioner of Competition v. Air Canada, 2001 Comp. Trib. 031 File no.: CT2001002 Registry document no.: 084
IN THE MATTER of an application by the Commissioner of Competition under section 79 of the Competition Act, R.S.C. 1985, c. C-34;
AND IN THE MATTER of the Regulations Respecting Anti-Competitive Acts of Persons Operating a Domestic Service, SOR/2000-324 made pursuant to subsection 78(2) of the Competition Act;
AND IN THE MATTER of certain practices of anti-competitive acts by Air Canada. B E T W E E N: The Commissioner of Competition (applicant)
and Air Canada (respondent)
and WestJet Airlines Ltd. (intervenor)
Date of pre-hearing conference call: 20011026 Member: Simpson J. (Presiding) Date of order: 20011026 Order signed by: Simpson J.
SCHEDULING ORDER FOR RECOMMENCEMENT OF HEARING OF APPLICATION
[1] FURTHER TO the application brought by the Commissioner of Competition (the "Commissioner") pursuant to section 79 of the Competition Act, R.S.C. 1985, c. C-34 (the "Act") for an order prohibiting Air Canada from engaging in anti-competitive practices;
[2] AND FURTHER TO the Tribunal’s decision of October 15, 2001 to adjourn sine die the preliminary proceeding in the application which deals only with the definition of avoidable costs;
[3] AND FURTHER TO the proposed schedule filed, on consent, by the participants on October 25, 2001;
[4] AND UPON DISCUSSING this order with counsel for the participants by conference call on October 26, 2001;
NOW THEREFORE THE TRIBUNAL ORDERS THAT: [5] The hearing of the preliminary proceeding shall recommence on April 15, 2002 at 10:00 a.m. at the Competition Tribunal, Royal Bank Building, Suite 600, 90 Sparks Street, Ottawa, Ontario. The Tribunal shall sit from Monday, April 15 to Friday, June 7, 2002. The hearing of this matter may recommence earlier on Wednesday, April 10, 2002, if counsel can be available.
[6] The schedule for pre-hearing procedures shall be as follows: November or early December, 2001
Friday, January 18, 2002 Week of January 28, 2002
Week of February 4, 2002 Week of February 11, 2002
Week of February 25, 2002 Further discoveries of WestJet (if required)
Tuesday, March 5, 2002 (2 p.m.) Pre-hearing conference (if necessary) - discovery issues, confidentiality and apportionment of time for openings and final argument. Counsel to attend in Toronto, unless counsel for WestJet wishes to participate by telephone.
Discovery of Air Canada as per order dated October 22, 2001.
Further productions (if any) Pre-hearing conference by teleconference (if necessary)
Further discoveries of Air Canada Further discoveries of Commissioner (if required)
Friday, March 8, 2002 Monday, March 25, 2002
Monday, April 8, 2002 Exchange of supplementary expert rebuttal reports and "will says" (if any)
Thursday, April 11 or Friday April 12, 2002
[7] The schedule for the hearing of the preliminary proceeding shall be as follows: Monday, April 15, 2002 Tuesday, April 16, 2002 Thursday, May 2, 2002 Monday, May 6 to Monday, May 27, 2002
Tuesday and Wednesday, Reply evidence May 28 and 29, 2002
Monday, June 3, 2002 Wednesday, June 5 to Friday, June 7, 2002
DATED at Ottawa, this 26 th day of October, 2001. SIGNED on behalf of the Tribunal by the presiding judicial member. (s) Sandra J. Simpson
Complete answers to undertakings Exchange of supplementary expert reports and "will says" (if any)
Pre-hearing conference - regarding conduct of hearing, confidentiality (if necessary and subject to the availability of counsel).
Further openings Commissioner’s evidence WestJet’s evidence Air Canada’s evidence
All participants’ written argument Oral argument.
APPEARANCES: For the applicant: The Commissioner of Competition Donald B. Houston Michael Osborne
For the respondent: Air Canada Katherine L. Kay Eliot N. Kolers
For the intervenor: WestJet Airlines Ltd. Daniel J. McDonald, Q.C.