Competition Tribunal 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. Petro-Canada The Chancellor Holdings Corporation ICG Propane Inc.
Respondents ORDER AMENDING ORDER REGARDING SCHEDULING (EXCHANGE OF EXPERT AFFIDAVITS AND AFFIDAVITS IN REBUTTAL AND IN REPLY)
Tribunal de la Concurrence CT - 98 / 2 – doc # 58
Dates of Pre-hearing Conference: May 25 and 26, 1999 Member: McKeown J. (presiding) Counsel for the Applicant: The Commissioner of Competition William J. Miller Jo’Anne Strekaf Jennifer Quaid
Counsel for the Respondents: Superior Propane Inc. ICG Propane Inc.
Neil Finkelstein Melanie Aitken Russell Cohen David Stevens
Petro-Canada The Chancellor Holdings Corporation
Randal T. Hughes
COMPETITION TRIBUNAL ORDER AMENDING ORDER REGARDING SCHEDULING (EXCHANGE OF EXPERT AFFIDAVITS AND AFFIDAVITS IN REBUTTAL AND IN REPLY)
The Commissioner of Competition v. Superior Propane Inc. et al.
FURTHER TO the Order Regarding Scheduling dated February 16, 1999; AND FURTHER TO the motion brought by the Commissioner of Competition for an order amending the dates set in the Order Regarding Scheduling dated February 16, 1999, for the exchange of expert affidavits from August 3, 1999 to August 18, 1999, the exchange of rebuttal expert affidavits from August 16, 1999 to September 14, 1999, and the exchange of reply expert affidavits from August 30, 1999 to September 20, 1999;
AND ON HEARING the submissions of counsel for the parties; AND WITH the consent of the parties;
THE TRIBUNAL ORDERS THAT: Paragraph 2 of the Order Regarding Scheduling dated February 16, 1999 shall be amended by replacing the dates set out in the order regarding the three matters listed below as follows: ... August 18, 1999 The parties shall exchange expert affidavits pursuant to section 47 of the Competition Tribunal Rules (“Rules”).
September 14, 1999 The parties shall exchange rebuttal expert affidavits pursuant to section 47 of the Rules.
... September 20, 1999 The parties shall exchange reply expert affidavits and file all expert affidavits pursuant to section 48 of the Rules.
DATED at Ottawa, this 26 th day of May, 1999. SIGNED on behalf of the Tribunal by the presiding judicial member. (s) W.P. McKeown_________ W.P. McKeown