Competition Tribunal Tribunal de la Concurrence Reference: The Commissioner of Competition v. Superior Propane Inc., 2001 Comp. Trib. 8 File no.: CT1998002 Registry document no.: 214
IN THE MATTER OF the Competition Act, R.S.C. 1985, c. C-34, and the Competition Tribunal Rules, SOR/94-290, as amended;
AND IN THE MATTER OF an inquiry pursuant to subsection 10(1)(b) of the Competition Act relating to the proposed acquisition of ICG Propane Inc. by Superior Propane Inc.;
AND IN THE MATTER OF an application by the Commissioner of Competition under section 92 of the Competition Act.
B E T W E E N: The Commissioner of Competition (applicant)
and Superior Propane Inc. ICG Propane Inc. (respondents)
Date of conference call: 20010502 Member: McKeown J. (Chairman) Date of order: 20010508 Order signed by: McKeown J.
SCHEDULING ORDER FOLLOWING THE REASONS FOR JUDGMENT OF THE FEDERAL COURT OF APPEAL DATED APRIL 4, 2001
[1] FURTHER TO the motion brought by the Commissioner of Competition (the "Commissioner") to fix a schedule for the filing of memoranda of argument and the hearing in relation to the application brought pursuant to section 92 of the Competition Act, R.S.C. 1985, c. C-34, (the "Act") for an order to dissolve the merger of Superior Propane Inc. and ICG Propane Inc. or otherwise remedy the substantial prevention or lessening of competition that is likely to occur in the market for propane in Canada upon the implementation of the said merger;
[2] AND FURTHER TO the reasons for judgement of the Federal Court of Appeal dated April 4, 2001 allowing the appeal of the applicant from the decision of the Tribunal dated August 30, 2000 and remitting the matter for "redetermination in accordance with [its] reasons for judgement";
[3] AND ON READING the notice of motion and the letters exchanged between counsel for the Commissioner and for the respondents dated April 9, April 16, April 27, and May 1, 2001;
[4] AND ON HEARING the submissions of counsel for the Commissioner and for the respondents on Wednesday, May 2, 2001;
[5] AND ON BEING SATISFIED that the present order should be rendered in this case; THE TRIBUNAL ORDERS THAT: [6] The hearing of the Commissioner’s application for redetermination in a manner consistent with the reasons for judgement of the Federal Court of Appeal dated April 4, 2001, shall commence on October 9, 2001 at 10:00 a.m. at 600-90 Sparks Street, Ottawa, Ontario.
[7] Memoranda of argument for the hearing in this matter are to be served and filed in accordance with the following schedule:
June 4, 2001 The Commissioner shall serve and file his memorandum of argument. July 16, 2001 The respondents shall serve and file their memorandum of argument in response.
July 23, 2001 The Commissioner shall serve and file his memorandum of argument in reply.
DATED at Ottawa, this 8 th day of May, 2001.
(s) W.P. McKeown Chairman
APPEARANCES: For the applicant: The Commissioner of Competition John F. Rook, Q.C. William J. Miller Jo’Anne Strekaf Christopher Naudie Donna Blois
For the respondents: Superior Propane Inc. ICG Propane Inc.
Neil Finkelstein Melanie L. Aitken