THE COMPETITION TRIBUNAL CT-95/02 IN THE MATTER OF an application by the Director of Investigation and Research under sections 79 and 105 of the Competition Act, R.S.C. 1985, c.C-34, as amended;
AND IN THE MATTER OF an abuse of dominant position in the supply of shared electronic network services for consumer-initiated shared electronic financial services;
AND IN THE MATTER OF a Consent Order granted by the Competition Tribunal dated June 20, 1996 and varied on March 25, 1998;
AND IN THE MATTER OF an application by Bank of Montreal, et al., under sections 105 and 106(b) of the Competition Act , R.S.C. 1985, c.C-34, as amended, to vary on consent the Consent Order granted by the Competition Tribunal on June 20, 1996 and varied on March 25, 1998.
BETWEEN: Bank of Montreal The Bank of Nova Scotia Canada Trustco Mortgage Company Canadian Imperial Bank of Commerce La Confédération des caisses populaires et d’économie Desjardins du Québec Credit Union Central of Canada National Bank of Canada Royal Bank of Canada The Toronto-Dominion Bank Interac Inc. Applicants
- and -The Commissioner of Competition Respondent
NOTICE OF APPLICATION FOR AN ORDER TO VARY CONSENT ORDER 20758833.2
- 2 -1. TAKE NOTICE that the Applicants hereby apply for an Order varying the Consent Order of the Competition Tribunal originally dated June 20, 1996 and varied by order of the Tribunal dated March 25, 1998, as more particularly set out in the attached Draft Consent Order. 2. AND FURTHER TAKE NOTICE that this application is brought by consent pursuant to sections 105 and 106(b) of the Competition Act, R.S.C. 1985, c. 19(2 nd Supp) as amended, and the Competition Tribunal Rules. 3. AND FURTHER TAKE NOTICE that the grounds upon which the Application is brought is that the Commissioner of Competition and the Applicants have, through their counsel, consented to the granting of the attached Order. 4. AND FURTHER TAKE NOTICE that the parties are available for a conference call, at the Tribunal’s convenience, to establish a schedule for the disposition of this application. 5. AND FURTHER TAKE NOTICE that the parties would be prepared to have the application dealt with by the Tribunal without the necessity of a hearing. 6. AND FURTHER TAKE NOTICE that reference may be made to the Statement of Grounds and Material Facts, the Consent Order Impact Statement, the Affidavit of Fred J. Harris, the Draft Consent Order and the Consent Form, filed herewith, and to such further and additional material as counsel deem appropriate and as this Tribunal may allow.
20758833.2
- 3 -DATED at Toronto, Ontario this day of July, 2000. Mark J. Nicholson Blake, Cassels & Graydon LLP Barristers and Solicitors Box 25, Commerce Court West Toronto, Ontario M5L 1A9 Phone: (416) 863-2967 Fax: (416) 863-2653 Counsel to the Applicants
TO: The Registrar of the Competition Tribunal AND TO: D. Martin Low, Esq., Q.C. Ms. Josephine A.L. Palumbo Counsel for the Commissioner of Competition Department of Justice Legal Services Branch Place du Portage, Phase 1 50 Victoria Street Hull, Quebec K1A 0C9 Phone: (819) 997-3325 Fax: (819) 953-9267 20758833.2
IN THE MATTER OF an application by the Director of Investigation and Research under sections 79 and 105 of the Competition Act, R.S.C. 1985, c.C-34, as amended;
AND IN THE MATTER OF an abuse of dominant position in the supply of shared electronic network services for consumer-initiated shared electronic financial services;
AND IN THE MATTER OF a Consent Order granted by the Competition Tribunal dated June 20, 1996 and varied on March 25, 1998;
AND IN THE MATTER OF an application by Bank of Montreal, et al., under sections 105 and 106(b) of the Competition Act, R.S.C. 1985, c.C-34, as amended, to vary on consent the Consent Order granted by the Competition
Tribunal on June 20, 1996 and varied on March 25, 1998.
BETWEEN: Bank of Montreal, The Bank of Nova Scotia Canada Trustco Mortgage Company, Canadian Imperial Bank of Commerce, La Confédération des caisses populaires et d’économie Desjardins du Québec, Credit Union Central of Canada, National Bank of Canada, Royal Bank of Canada, The Toronto-Dominion Bank, Interac Inc. Applicants - and -
The Commissioner of Competition Respondent
NOTICE OF APPLICATION FOR AN ORDER
Mark J. Nicholson Blake, Cassels & Graydon LLP Box 25, Commerce Court West Toronto, Ontario M5L 1A9 Phone: (416) 863-2967 Fax: (416) 863-2653 Counsel to the Applicants
20758833.2
THE COMPETITION TRIBUNAL CT-95/02
TO VARY CONSENT ORDER