CT-99/ THE COMPETITION TRIBUNAL IN THE MATTER OF an application by the Commissioner of Competition for a consent order pursuant to sections 92 and 105 of the Competition Act, R.S.C. 1985, c. C-34;
AND IN THE MATTER OF the merger of British American Tobacco p.l.c. and Rothmans International B.V. whereby British American Tobacco p.l.c. will acquire, inter alia, indirect control of Rothmans Inc. and thereby the controlling interest of Rothmans Inc. in Rothmans, Benson & Hedges Inc.;
BETWEEN: THE COMMISSIONER OF COMPETITION Applicant
- and -BRITISH AMERICAN TOBACCO P.L.C. Respondent
NOTICE OF APPLICATION FOR A CONSENT ORDER TAKE NOTICE THAT: 1. Pursuant to section 92 and 105 of the Competition Act, R.S.C. 1985, c. C-34 (the “Act”), the applicant, the Commissioner of Competition, will make an application, on consent of the respondent, for:
-2-(a) an order pursuant to sections 92 and 105 of the Act in the form of the draft consent order attached hereto; and,
(b) such further or other order as the applicant and the respondent, on consent, may advise and the Tribunal considers appropriate.
AND TAKE NOTICE THAT: 2. In support of this application for a consent order, the applicant will rely upon the statement of grounds and material facts, the draft consent order, the consent interim order, the affidavit of Gerry Birks dated the 13 th day of May, 1999, the consent order impact statement, the consent of the parties to this application, all filed, and such other material as may be filed or counsel may advise.
3. The name and address of the person against whom a consent order is sought is listed below.
4. The applicant and respondent request that this application be heard in the English language.
5. The applicant and respondent agree, subject to further order, that no oral evidence will be given at the hearing of this application and that the evidence will be limited to the testimony by affidavit of Gerry Birks dated the 13 th day of May, 1999, attached hereto.
-3-DATED at Hull, Quebec this 13th day of May, 1999.
________________________________ Konrad von Finckenstein, Q.C. Commissioner of Competition Place du Portage, Phase I 50 Victoria Street, 21st Floor Hull, Quebec K1A 0C9 Telephone: (819) 997-3301 Facsimile: (819) 953-5013
ADDRESS FOR SERVICE OF THE APPLICANT: D. Martin Low, Q.C. Elspeth Gullen Department of Justice Counsel to the Commissioner of Competition Place du Portage, Phase I 50 Victoria Street, 22nd Floor Hull, Quebec K1A 0C9
TO: The Registrar of the Competition Tribunal 90 Sparks Street, Suite 600 Ottawa, Ontario K1P 5B4
AND TO: British American Tobacco p.l.c. Globe House 4 Temple Place London, WC2R2PG United Kingdom
-4-ADDRESS FOR SERVICE OF THE RESPONDENTS: Stikeman, Elliott 50 O’Connor Street , Suite 914 Ottawa, ON K1P 6L2
Telephone: (613) 234-4555 Facsimile: (613) 230-8877 Attention: Lawson A.W. Hunter, Q.C. Nicholas P. McHaffie
and Stikeman, Elliott Commerce Court West, Suite 5300 Toronto, ON M5L 1B9
Telephone: (416) 869-5507 Facsimile: (416) 947-0866 Attention: Katherine L. Kay Counsel for the respondent
CT-99/ IN THE MATTER OF an application by the Commissioner of Competition for a consent order pursuant to sections 92 and 105 of the Competition Act, R.S.C. 1985, c. C-34;
AND IN THE MATTER OF the merger of British American Tobacco p.l.c. and Rothmans International B.V. whereby British American Tobacco p.l.c. will acquire, inter alia, indirect control of Rothmans Inc. and thereby the controlling interest of Rothmans Inc. in Rothmans, Benson & Hedges Inc.;
BETWEEN: THE COMMISSIONER OF COMPETITION Applicant - and -BRITISH AMERICAN TOBACCO p.l.c. Respondent
NOTICE OF APPLICATION D. Martin Low, Q.C. Elspeth Gullen Counsel to the Commissioner of Competition Department of Justice Canada Competition Law Division Industry Canada, Legal Services Place du Portage, Phase I, 22 nd Fl. 50 Victoria Street Hull, QC K1A 0C9
Telephone: Facsimile:
(819) 997-3325 (819) 953-9267