Competition Tribunal Tribunal de la Concurrence Reference: The Commissioner of Competition v. Canadian Waste Services Holdings 2001, Comp. Trib.009 File no.: CT2000002 Registry document no.: 062
IN THE MATTER 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 under section 92 of the Competition Act;
AND IN THE MATTER of the acquisition by Canadian Waste Services Inc. of certain assets of Browning-Ferris Industries Ltd., a company engaged in the solid waste business.
B E T W E E N: The Commissioner of Competition (applicant)
and Canadian Waste Services Holdings Inc. Canadian Waste Services Inc. Waste Management, Inc. (respondents)
and The Corporation of the Municipality of Chatham-Kent (intervenor)
Decided on the basis of the written record. Member: McKeown J. (Chairman) Date of order: 20010508 Order signed by: McKeown J.
ORDER REGARDING SCHEDULING (REMEDY)
[1] FURTHER TO the Reasons and Order of the Competition Tribunal (the “Tribunal”) dated March 28, 2001 in the within proceeding allowing the Commissioner’s application pursuant to section 92 of the Competition Act, R.S.C. 1985, c. C-34;
[2] AND FURTHER TO the proposed schedule filed on consent by the parties on May 8, 2001;
THE TRIBUNAL ORDERS THAT: [3] Counsel for the parties shall appear before the Competition Tribunal sitting at the Federal Court of Canada, 8th floor, Canada Life Building, 330 University Avenue, Toronto, Ontario, on Wednesday, June 20, 2001 at 10:00 a.m., in order to submit evidence and argument on the appropriate remedy with respect to the disposal of institutional, commercial and industrial waste in two Southern Ontario markets: the Greater Toronto Area and the Chatham-Kent Area.
[4] The following schedule for pre-hearing procedures shall be followed: May 4, 2001 Respondents to advise the Commissioner of its proposed remedy or remedies, in general terms
May 11, 2001 Respondents to provide the Commissioner with further specifics of its proposed remedy or remedies
May 25, 2001 Exchange and filing of expert affidavits Exchange of will-say statements (lay witnesses)
June 13, 2001 Exchange and filing of reply expert affidavits Exchange of reply will-say statements (lay witnesses)
DATED at Ottawa, this 8 th day of May, 2001.
(s) W.P. McKeown Chairman
COUNSEL: For the applicant: The Commissioner of Competition Donald Houston André Brantz W. Michael G. Osborne
For the respondents: Canadian Waste Services Holdings Inc. Canadian Waste Services Inc. Waste Management, Inc.
Lawson A. W. Hunter, Q.C. Shawn C. D. Neylan Nicolas McHaffie Danielle K. Royal
For the intervenor: The Corporation of the Municipality of Chatham-Kent Brian Knott