CT - 88 / 1 IN THE MATTER OF an application by the Director of Investigation and Research under subsection 64(1) of the Competition Act, R.S.C. 1970, c. C-23, as amended;
AND IN THE MATTER OF a Limited Partnership formed to combine the operations of the Reservec and Pegasus computer reservation systems;
AND IN THE MATTER OF The Gemini Group Automated Distribution Systems Inc.; AND IN THE MATTER OF an application by the Director of Investigation and Research under section 106 of the Competition Act, R.S.C., 1985, c. C-34, as amended,to vary the Consent Order of the Tribunal dated July 7, 1989.
B E T W E E N : The Director of Investigation and Research Applicant - and -Air Canada PWA Corporation Canadian Airlines International Ltd. The Gemini Group Limited Partnership The Gemini Group Automated Distribution Systems Inc. Covia Canada Corp. Covia Canada Partnership Corp.
Respondents - and -Consumers' Association of Canada American Airlines, Inc. Attorney General of Manitoba Alliance of Canadian Travel Associations Bios Computing Corporation IBM Canada Ltd. VIA Rail Canada Inc. Unisys Canada Inc. Council of Canadian Airlines Employees Attorney General of Alberta
Intervenors ORDER REGARDING PARAGRAPH 16 OF CONSENT ORDER DATED JULY 7, 1989
- 2 -Decided on the basis of the written record Presiding Member: The Honourable Mr. Justice William P. McKeown Lay Members: Mr. Victor L. Clarke Mr. Gaëtan Mathieu
Counsel for the Applicant: Director of Investigation and Research Donald B. Houston Counsel for the Respondents: Air Canada William V. Sasso Canadian Airlines International Ltd. and PWA Corporation Dennis R. O'Connor, Q.C. Robert S. Russell
The Gemini Group Limited Partnership and The Gemini Group Automated Distribution Systems Inc.
Brian G. Morgan
- 3 -COMPETITION TRIBUNAL ORDER REGARDING PARAGRAPH 16 OF CONSENT ORDER DATED JULY 7, 1989
The Director of Investigation and Research v. Air Canada et al.
FURTHER TO paragraph 19 of the Consent Order issued by this Tribunal on July 7, 1989; AND FURTHER TO the motion brought by PWA Corporation regarding the application of paragraph 16 of the Consent Order dated July 7, 1989;
AND FURTHER TO the consent of PWA Corporation, The Gemini Group Automated Distribution Systems Inc., Air Canada and the Director of Investigation and Research;
AND UPON NOTICE TO Covia Canada Corporation, Covia Canada Partnership Corporation and the intervenors;
- 4 -THE TRIBUNAL ORDERS THAT the Consent Order dated July 7, 1989, in particular paragraph 16, does not prevent The Gemini Group Automated Distribution Systems Inc., on its own behalf or on behalf of The Gemini Group Limited Partnership, from providing oral and documentary discovery in the proceedings before the Ontario Court of Justice (General Division) under Court File No. 92-CQ-29269, Commercial List No. B351/92 within the terms of what is referred to as "Level 1 Confidentiality" in paragraph 5 of the Order of the Ontario Court (General Division) dated May 20, 1993 (attached as Schedule "A").
DATED at Ottawa, this 13th day of August, 1993. SIGNED on behalf of the Tribunal by the presiding judicial member.
(s) W.P. McKeown W.P. McKeown