Competition Tribunal Tribunal de la Concurrence CT-1989-001 – Doc # 139 IN THE MATTER OF an application by the Director of Investigation and Research under sections 92 and 105 of the Competition Act, R.S.C., 1985, c. C-34, as amended;
AND IN THE MATTER OF the proposed acquisition by Asea Brown Boveri Inc. of certain assets and property comprising the electrical transmission and distribution business of Westinghouse Canada Inc., including those of its wholly-owned subsidiary Transelectrix Technology Inc.
BETWEEN: The Director of Investigation and Research Applicant And Asea Brown Boveri Inc. Westinghouse Canada Inc. Transelectrix Technology Inc.
Respondents
CONFIDENTIALITY ORDER _____________________________
Date of Hearing: December 18, 1989 Presiding Member: The Honourable Mr. Justice Leonard A. Martin Lay Members: Dr. Frank Roseman Madame Marie- Helene Sarrazin
Counsel for the Applicant: Director of Investigation and Research William J. Miller John S. Tyhurst
Counsel for the Respondents: (a) Asea Brown Boveri Inc. Michael L. Phelan Timothy Kennish Peter A. Magnus
(b) Westinghouse Canada Inc. Transelectrix Canada Inc.
Not Represented
COMPEI'ITION TRIBUNAL CONFIDENTIALITY ORDER _______________________________
The Director of Investigation and Research v. Asea Brown Boveri Inc. et al.
FURTHER TO the motion brought on notice by Asea Brown Boveri Inc. and the claim for confidentiality made by Transelectrix Technology Inc.;
AND UPON HEARING the submissions of counsel for the parties; THE TRIBUNAL ORDERS THAT the following documents are confidential and no one is to be given access to them except counsel for the parties and the members and staff of the Competition Tribunal: (1) Confidential Statement of Grounds for Application for Order to Vary Consent Order dated June 21, 1989 (Document # 119(g));
(2) Confidential Affidavit of Peter Janson (Document #119(h)); (3) Confidential Affidavit of John H. Churchman and Exhibit "A" attached thereto (Document # 120);
(4) Second Confidential Affidavit of John H. Churchman and Exhibits 1A, 1B, 2, 3, 4A and 4B attached thereto (Document #120(a)).
DATED at Ottawa, this 18 th day of December, 1989. SIGNED on behalf of the Tribunal by the presiding judicial member.
(s) Leonard A. Martin Leonard A. Martin