Competition Tribunal Tribunal de la Concurrence Reference: Commissioner of Competition v. Air Canada, 2001 Comp. Trib. 015 File no.: CT2001002 Registry document no.: 021
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: 20010524 Member: Simpson J. (Presiding) Date of order: 20010529 Order signed by: Simpson J.
SCHEDULING ORDER
[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 proposed schedule filed by the Commissioner on May 24, 2001; [3] AND UPON DISCUSSING this order with counsel for all parties by conference call on May 24, 2001;
THE TRIBUNAL ORDERS THAT: [4] The schedule for pre-hearing procedures shall be as follows: June 2001 Documentary and oral discovery Monday, June 25, 2001 Pre-hearing conference call at 10:00 a.m. or Wednesday, July 4, 2001 (EDT) (discovery issues), if requested by counsel
Monday, July 30, 2001 Exchange and filing of expert reports and underlying data in an electronic format, and delivery of witness will-says
Week of August 7, 2001 Pre-hearing conference (conduct of hearing), if requested by counsel
Friday, August 17, 2001 Exchange and filing of reply expert reports, delivery of reply will-says
Wednesday, August 22, 2001 Document brief to be filed. [5] The schedule for the hearing of the application shall be as follows: Monday, August 27 to Friday, August 31, 2001 (inclusive) Wednesday, September 5 to Friday, September 7, 2001 (inclusive) Monday, September 10 to Thursday, September 13, 2001 (inclusive) Monday, October 22 to Friday, October 26, 2001 (inclusive) Tuesday, November 20 to Friday, November 23, 2001 (inclusive) Monday, November 26 to Friday, November 30, 2001 (inclusive)
DATED at Ottawa, this 29 th day of May, 2001. SIGNED on behalf of the Tribunal by the presiding judicial member. (s) Sandra J. Simpson
APPEARANCES: For the applicant: The Commissioner of Competition Donald B. Houston Suzanne Legault Michael Osborne
For the respondent: Air Canada Katherine L. Kay Eliot N. Kolers
For the intervenor: WestJet Airlines Ltd. Daniel J. McDonald, Q.C.