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12 June 2018 Andree Bernier Deputy Registrar The Competition Tribunal Thomas D'Arcy McGee Building Suite 600 - 90 Sparks Street Ottawa, Ontario L 1P 5B4
Dear Ms. Bernier: Re: Commissioner of Competition v. Volkswagen Group Canada Inc. and Audi Canada Inc., Tribunal File No. CT-2016-017
I am writing to you in connection with the consent agreement dated December 19, 2016 (the "2.0 L Consent Agreement") between the Commissioner of Competition (the "Commissioner") and Volkswagen Group Canada Inc. and Audi Canada Inc. (collectively the "Respondents").
Please accept this letter as an application to vary the 2.0 L Consent Agreement on consent of the parties. The parties have agreed to the form and content of the amended 2.0 L Consent Agreement attached as Appendix A. Counsel for the Respondents has also reviewed and concurs with this letter.
By way of background, paragraph 26 of the 2.0 L Consent Agreement provides for its updating following the approval of certain class action settlements referenced therein . As the courts approved the 2.0 L class action settlement agreements with certain modifications, the parties wish to amend the 2.0 L Consent Agreement to reflect the final class action settlement agreements.
The current 2.0 L Consent Agreement attached as Appendix A includes the reasons and orders of the Ontario Superior Court of Justice and the Superior Court of Quebec. Further to your email of 5 September 2017 confirming protocol for attaching those decisions to an updated 2.0L Consent Agreement, the parties understand they may file a copy Ontario decision in English as no official translation of the decision exists; and they obtained a translation of the Quebec decision from the Superior Court of Quebec (as requested by the Tribunal).
A copy of the proposed (public) English version of the Consent Agreement is attached as Appendix B. A copy of the proposed (public) French version of the Consent Agreement is attached as Appendix C.
Please do not hesitate to contact us should you have any questions regarding these amendments.
Yours vety truly, L~----
c. James M. Musgrove, counsel to the Respondents Page 2of2