Court File No.: CT- 2000/002 THE COMPETITION TRIBUNAL "'·• IN THE MATTER OF the Competition Act, R.S. 1985, c. C-34, as amended, 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 'lf,aste Services Inc. of certain·assets·of ... ,.,7 Browning-Ferris Industries Lt?., a company engaged in the soli•d;,,lw;,;a;:;:s~te;;.b:;;;u;::s;.:.in~e;;;:s~s·._ _____ , BETWEEN: Commissioner of Competitio ~
- and- Canadian Waste Services Holdings Inc., Canadian Waste Services Inc. and Waste Management, Inc.
RESPONSE OF THE COMMISSIONER OF COMPETITION TO THE REQUEST FOR LEA VE TO INTERVENE BY THE CORPORATION OF THE MUNICIPALITY OF CHATHAM-KENT
1. The Commissioner of Competition (the "Commissioner") supports the request of the Corporation of the Municipality of Chatham-Kent ("Chatham-Kent") for leave to intervene in this Application. The Commissioner's position is that the role of Chatham-Kent should be limited to submission of legal argument, subject to a right to seek leave to participate further.
2. S. 9(3) of the Competition Tribunal Act provides for persons to intervene in proceedings before the Tribunal " ... to make representations relevant to those proceedings in respect of any matter that affects that person".
COMPETITION TRIBUNAL F TRIBUNAL OE LA COl'{CURRENCE P :m.~ 20 2000 ~ ~ D Applicant ~ R5GISTRAR-REGISTRAIRE
OTIAWA, ONT. Respondents
2 3. The Commissioner submits that the present application directly affects Chatham-Kent. The Application seeks divestiture of the Ridge landfill which is the subject of a host community agreement with Chatham-Kent.
4. The position of Chatham-Kent and the role it seeks to play are unclear._ The Commissioner submits that if the request for leave is granted, the role of Chatham-Kent should be limited to the submission of legal argument, subj~cfto a right to seek leave to participate further.
· DAT ED at Hull, Quebec, this 19th day of June, 2000 /7~<~ -~637 Andre Brantz Mr. Donald B. Houston Mr. W. Michael G. Osborne Kelly Affleck Greene One First Canadian Place Suite 840, P.O. Box 489 Toronto, Ontario M5X 1E5
Telephone (416) 360-2810/5919 Facsimile (416) 360-5960
Mr. Andre Brantz Department of Justice Competition & Consumer Law Division Industry Canada 50 Victoria Street Place du Portage Phase I, 22nd Floor Hull, Quebec KlAOC9
Telephone (819) 953-3894 Facsimile (819) 953-9267
Counsel for the Commissioner of Competition