THE COMPETITION TRIBUNAL IN THE MATIER OF an application by the Director of Investigation and Research, for orders pursuant to sections 92 and 105 of the Competition Act, R.S.C. 1985, c. C-34 as amended;
AND IN THE MATIER OF the acquisition by ~·:-:-:~ - -~· .~:~··. ~~: ..· 1 Industries, Ltd. of the milling assets of Maple Leaf r1ilJs-ln~ ... 1 '.>I BETWEEN: and ADM AGRI-INDUSTRIES, LTD.
NOTICE OF APPUCATION FOR A CONSENT INTERIM ORDER
;_ . ~-.::.:: ,., ... ":: ~.I I MAR 21 1997 vf2A ·.·.1 ! . ' • Applicant Respondent
Page 2 1. TAKE NOTICE that the applicant, the Director of Investigation and Research (the "Director"), will make an application to the Competition Tribunal (the "Tribunal") pursuant to sections 104 and 105 of the Competition Act (the "Act"), for the following:
a) an interim order under section 104 of the Act in the form of the draft consent interim order attached hereto as Schedule A; and
b) such further interim order as the applicant and the respondent, on consent, may advise and the Tribunal may consider appropriate.
2. AND TAKE NOTICE that in support of this application, the Director will rely upon the application by the Director for a consent order pursuant to sections 92 and 105 of the Act, the affidavit of John Pecman attached hereto as Schedule A, the applicant's memorandum of argument on interim relief attached hereto as Schedule B, the draft consent interim order attached hereto as Schedule C, the consent of the parties attached hereto as Schedule D, and such other material as may be filed or counsel may advise.
3. The name and address of the person with respect to whom a consent order is sought are ADM Agri-Industries, Ltd., 70 University Avenue, suite 250, Toronto, Ontario M5J 2M4.
4. The applicant and the respondent respectfully request that this application be heard in the English language.
5. The applicant and the respondent respectfully request that the hearing of this application be held by telephone conference.
Page 3 6. The applicant and the respondent request, in accordance with rule 72 of the Competition Tribunal Rules and rule 6 of the Federal Court Rules, that the service requirements of the Competition Tribunal Rules be dispensed with and the 48 hour time limit for service provided for in Rule 24(1) of the Competition Tribunal Rules be abridged.
Dated at Hull, Quebec, this~day of March, 1997 'lt-J-fi--Konrad von Finckenstein, Q.C. Director of Investigation and Research
Address for service of the applicant: McCARTHY TETRAULT "Le Windsor" 1170 Peel Street Montreal, Quebec H3B 4S8
Attention: Mtre Yves Beriault Mtre Madeleine Renaud Counsel for the Applicant
TO: Registrar, Competition Tribunal 90 Sparks Street 6th Floor Ottawa, Ontario KlP 5B4
Page 4 AND TO: OGILVY RENAULT 1981, McGill College Avenue Suite 1100 Montreal, Quebec H3A3Cl
Attention: Mtre Simon V. Potter Mtre Denis Gascon Counsel to ADM Agri-Industries, Ltd.