Competition Tribunal IN THE MATTER of an application by the Director of Investigation and Research for orders pursuant to section 92 of the Competition Act, R.S.C. 1985, c. C-34;
AND IN THE MATTER of the merger whereby Dennis Washington and K & K Enterprises acquired a significant interest in, and propose to acquire control of, Seaspan International Ltd.;
AND IN THE MATTER of the merger whereby Dennis Washington acquired Norsk Pacific Steamship Company, Limited;
B E T W E E N: The Director of Investigation and Research Applicant - and - Dennis Washington K & K Enterprises Seaspan International Ltd. Genstar Capital Corporation TD Capital Group Ltd. Coal Island Ltd. 314873 B.C. Ltd. C.H. Cates and Sons Ltd. Management Shareholders Preference Shareholders Norsk Pacific Steamship Company, Limited Fletcher Challenge Limited
Respondents ORDER AMENDING CONFIDENTIALITY (PROTECTIVE) ORDER ─────────────────────────────────────────────────╴
Tribunal de la Concurrence CT - 1996 / 001 – Doc # 112
Date of Conference Call: August 15, 1996 Member: Rothstein J. (presiding) Counsel for the Applicant: Director of Investigation and Research William J. Miller Ann Wallwork
Counsel for the Respondents: Dennis Washington K & K Enterprises C.H. Cates and Sons Ltd. Norsk Pacific Steamship Company, Limited Seaspan International Ltd.
Douglas G. Morrison Sharon Dos Remedios
Genstar Capital Corporation Robyn M. Bell TD Capital Group Ltd. Bradley P. Martin Fletcher Challenge Limited Harry B. Radomski Nando DeLuca
COMPETITION TRIBUNAL ORDER AMENDING CONFIDENTIALITY (PROTECTIVE) ORDER ─────────────────────────────────────────────────╴
The Director of Investigation and Research v. Dennis Washington et al. FURTHER TO the Confidentiality (Protective) Order dated August 12, 1996; AND FURTHER TO the agreement of all parties as indicated by the letter filed on August 19, 1996 by counsel for the Director of Investigation and Research;
THE TRIBUNAL ORDERS THAT: The following text shall be added to paragraph 4 of the Confidentiality (Protective) Order: "(4) Each of the foregoing classes of documents may be used, by the agreement of counsel, in the actual course of questioning witnesses of any party or interest at oral discovery, subject to such other or further order or direction that the Tribunal may make."
DATED at Ottawa, this 19 th day of August, 1996. SIGNED on behalf of the Tribunal by the presiding judicial member. (s) Marshall Rothstein Marshall Rothstein