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Competition Tribunal Tribunal de la Concurrence Reference: Commissioner of Competition v. Air Canada, 2001 Comp. Trib. 25 File no.: CT2001002 Registry document no.: 041

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: 20010711 Member: Nadon J. (presiding) Date of order: 20010713 Order signed by: Nadon J.

ORDER AMENDING SCHEDULING ORDER

[1] FURTHER TO the application brought by the Commissioner of Competition pursuant to section 79 of the Competition Act, R.S.C. 1985, c. C-34, for an order prohibiting Air Canada from engaging in anti-competitive practices;

[2] AND FURTHER TO the amended scheduling order dated May 31, 2001, deleting Monday, October 22, 2001, as a hearing date;

[3] AND ON HEARING the submissions of counsel for the parties; THE TRIBUNAL ORDERS THAT: [4] Paragraph 4 of the amended scheduling order dated May 31, 2001 deleting Monday, October 22, 2001, as a hearing date, shall be amended by replacing the July and August dates, set out in the order, as follows:

... Friday, August 3, 2001 Exchange and filing of expert reports and underlying data in an electronic format, and delivery of witness will-says

... Monday, August 20, 2001 Exchange and filing of reply expert reports, delivery of reply will-says

... DATED at Ottawa, this 13 th day of July, 2001. SIGNED on behalf of the Tribunal by the presiding judicial member.

(s) Marc Nadon

APPEARANCES: For the applicant: The Commissioner of Competition Donald B. Houston Jeanne L. Pratt

For the respondent: Air Canada Katherine L. Kay Eliot N. Kolers

For the intervenor: WestJet Airlines Ltd. Daniel J. McDonald, Q.C.

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