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
FURTHER ORDER REGARDING SCHEDULING ╶────────────────────────────────────╴
Tribunal de la Concurrence CT - 1996 / 001 – Doc # 86
Date of Pre-hearing Conference: July 4, 1996 Members: Rothstein, J. (presiding) Dr. Frank Roseman
Counsel for the Applicant: Director of Investigation and Research Michael L. Phelan M. Lynn Starchuk William J. Miller
Counsel for the Respondents: Dennis Washington K & K Enterprises C.H. Cates and Sons Ltd. Norsk Pacific Steamship Company, Limited Seaspan International Ltd.
Nils E. Daugulis Douglas G. Morrison
Genstar Capital Corporation Robyn M. Bell TD Capital Group Ltd. Linda S. Abrams Coal Island Ltd. 314873 B.C. Ltd. Management Shareholders Preference Shareholders
Not represented Fletcher Challenge Limited Jessica A. Kimmel
COMPETITION TRIBUNAL FURTHER ORDER REGARDING SCHEDULING ╶─────────────────────────────────────╴
The Director of Investigation and Research v. Dennis Washington et al. FURTHER TO the Order Regarding Scheduling dated May 31, 1996 and the Order Amending Order Regarding Scheduling dated June 18, 1996;
AND ON reading the submission of the Director of Investigation and Research and hearing the submissions of counsel for the parties;
THE TRIBUNAL ORDERS THAT: 1. The hearing of the application shall commence on Monday, January 13, 1997 at 10:00 a.m. before the Competition Tribunal sitting at the Federal Court of Canada, 700 W. Georgia Street, Vancouver, British Columbia.
2. The following schedule for pre-hearing procedures shall be observed: August 12, 1996 The pre-hearing conference that was to be held on August 7-8, 1996 is rescheduled and shall be held by conference call on August 12, 1996 at 12 noon (EDT).
September 13, 1996 Pre-hearing conference (Ottawa or conference call at 12 noon (EDT)) re issues arising from examinations for discovery to date
October 11, 1996 Pre-hearing conference (conference call at 12 noon (EDT)) re issues arising from examinations for discovery to date
October 28 1996 Examinations for discovery to be completed November 13-14, 1996 Pre-hearing conference (Vancouver) re all outstanding issues arising from examinations for discovery, and conduct of the hearing
December 2, 1996 Exchange of expert affidavits pursuant to section 47 of the Competition Tribunal Rules
December 18, 1996 Exchange of rebuttal expert affidavits pursuant to section 47 of the Competition Tribunal Rules
December 23, 1996 Pre-hearing conference (conference call at 12 noon (EDT)) December 30, 1996 Filing of all expert affidavits pursuant to section 48 of the Competition Tribunal Rules
3. It is understood that if in the course of the proceedings counsel for the parties agree that any of the pre-hearing conferences listed above become unnecessary, counsel shall so inform the Registrar.
DATED at Ottawa, this 4th day of July, 1996. SIGNED on behalf of the Tribunal by the presiding judicial member.
(s) Marshall Rothstein Marshall Rothstein