cr -Mt zoo i /ooY. THE COMPETITION TRIBUNAL 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, as amended;
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 MAT IER OF the proposed acquisition by Lafarge S.A. of Blue Circle Industries pk, a company engaged in the construction materials business;
BETWEEN:
The Commissioner of Competition -and-Lafarge S.A.
NOTICE OF APPLICATION FOR A CONSENT INTERIM ORDER COMPETITION TRJBVNAl TRfBUNAL DE LA COi\!CURRfNCE I\ p I R L ..tUN E "'-'!IN ; 1 5 2001 C 1 f / J L 0 3 0 I 1---..:..:.REGISTRAR - REGISTRAIRE T OTT AWA , ONT. )t(2. (qj
Applicant Respondent
-2-TAKE NOTICE THAT: 1. Pursuant to section 104 of the Competition Act, R.S.C. 1985, c. C-34, as amended (the "Act"), the Applicant, the Commissioner of Competition, will make an application, on consent of the Respondent, to the Competition Tribunal (the "Tribunal") for:
(a) an Interim Order pursuant to section 104 of the Act in the form of the Draft Consent Interim Order attached at Tab 4 hereto; and,
(b) such further or other order as the Applicant and the Respondent, on consent, may advise and the Tribunal considers appropriate.
AND TAKE NOTICE THAT: 2. In support of this application, the Applicant will rely upon its application for a Consent Order pursuant to sections 92 and 105 of the Act, the draft Consent Interim Order, the affidavit of M. Sullivan dated the 15th day of June, 2001, attached hereto at Tab 2, the Applicant's Memorandum of Argument on Interim Relief attached hereto at Tab 3, and the Consent of the parties to this application attached hereto at Tab 5, all filed herein and such other material as may be filed or counsel may advise.
3. The name and address of the person against whom a Consent Interim Order is sought is Lafarge S.A., 61 rue des Belles Feuilles, B.P. 40 75782 Paris, Cedex 16, France.
4. The Applicant and Respondent request that this application be heard in the English language.
5. The Applicant and Respondent request, in accordance with Rules 68 and 72 of the Competition Tribunal Rules and Rule 8 of the Federal Court Rules, that the service requirements of the Competition Tribunal Rules be dispensed with and that
-3-the 48 hour time limit for service provided for in Rule 24 (2) of the Competition Tribunal Rules be abridged.
6. The Applicant and Respondent agree that no oral evidence will be given at the hearing of this application and that the evidence will be limited to the testimony by affidavit of M. Sullivan dated the 15th day of June, 2001, attached hereto at Tab2. Dated at Hull, Quebec, this 15th day of June, 2001 ~·~~ Konrad von Finckenstein, Q.C. Commissioner of Competition
Address for service of the applicant Andre Brantz John Symes Department of Justice Competition Law Division Place du Portage Phase I 50 Victoria St., 22nd Floor Hull, Quebec K1A OC9
Tel: (819) 997-3325 Fax: (819) 953-9267
TO: Registrar, Competition Tribunal 90 Sparks Street, 6th Floor Ottawa, Ontario K1A OC9
AND TO: STIKEMAN ELLIOTT 1600-50 O'Connor Street Ottawa, Ontario KlP 6L2
Attention: Lawson A.W. Hunter, Q.C. Randall J. Hofley Susan M. Hutton
-4-Tel: (613) 234-4555 Fax: (613) 230-8877 Counsel to the Respondent
IN THE Commissioner of Competition for an Order pursuant to sections 92 and 105 of the Competition Act, R.S.C. 1985, c. C-34, as amended;
IN THE MATTER Commissioner of Competition for an Order pursuant to section 104 of the Competition Act;
AND IN THE MATTER OF the proposed acquisition by Lafarge S.A. of Blue Circle Industries pk, a company engaged in the construction materials business.
BETWEEN: The Commissioner of Competition Applicant -and-Lafarge S.A. Respondent
NOTICE OF APPLICATION FOR A CONSENT
Andre Brantz John Symes Department of Justice Counsel to the Commissioner of Competition Place du Portage, Phase 1 50 Victoria Street Hull, Quebec K1AOC9
THE C01\1PETITION TRIBUNAL MATTER OF an application by the
OF an application by the
INTERIM ORDER