COMPETET!O~J TmBUillf.\!. TR!SUNAl D~ LA (~tWJ'~i'.~· .. ~;: ~ F c-r-s9/1 , I L NOV e 1989 ~ CT-89/1 E D THE COMPETITION TRIBUNAL . b 1_ _: 0 ;..;.TT,;..;;A..;.W;...;...A::._' _o_N_T_. _.i.;:il/~/D_~IEiNr-"..T. HE MATTER OF an application by the Director of Investigation and Research under Sections 92 and 105 of the Competition Act, R.S.C. 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.
B E T W E E N: THE DIRECTOR OF INVESTIGATION AND RESEARCH Applicant - and -ASEA BROWN BOVERI INC. , WESTINGHOUSE CANADA INC. , TRANSELECTRIX TECHNOLOGY INC.
Respondents NOTICE OF MOTION TAKE NOTICE that Asea Brown Boveri Inc. ("ABB") will move the Competition Tribunal (the "Tribunal") pursuant to the Consent Order dated June 15, 1989 and in particular paragraph 33 thereof, for:
a) an order varying paragraph 10 (b) of the Consent Order; b) an order varying certain paragraphs of the Consent Order with respect to the Hold Separate provisions of the Consent Order; c) for such further or other order as may be deemed appropriate.
AND TAKE NOTICE that in support of this Motion will be read the Notice of Motion, such affidavits and exhibits as may be appropriate (to be filed with the Tribunal not later than December 1, 1989) and such other material as may be filed.
DATED at Ottawa, Ontario, this 7th day of November, 1989. MICHAEL L. PHELAN Counsel tio ASEA Brown Boveri Inc. Osler, Hoskin & Harcourt Address for Service: Suite 1500 50 O'Connor Street
Ottawa, Ontario KlP 6L2
TO: THE REGISTRAR THE COMPETITION TRIBUNAL
AND TO: DIRECTOR OF INVESTIGATION AND RESEARCH BUREAU OF COMPETITION POLICY
Place du Portage Phase II 50 Victoria Street Hull, Quebec KlA OC9 Attention: William S. Miller AND TO: WESTINGHOUSE CANADA INC. c/o BLAKE, CASSELS & GRAYDON Box 25, Commerce Court West Toronto, Ontario M5L 1A9
Attention: John Quinn AND TO: TRANSELECTRIX TECHNOLOGY INC. c/o BLAKE, CASSELS & GRAYDON Box 25, Commerce Court West Toronto, Ontario M5L 1A9
Attention: John Quinn