Case Documents

Reference: The Coca-Cola Company v The Commissioner of Competition, 2018 Comp Trib 19

File No.: CT-2018-011

Registry Document No.: 2

IN THE MATTER OF a consent agreement registered by the Competition Tribunal on September 27, 2010 in File No CT-2010-009 with respect of the acquisition by The Coca-Cola Company of the North American carbonated soft drink business of Coca-Cola Enterprises Inc;

AND IN THE MATTER OF an application on consent pursuant to paragraph 106(1)(b) of the Competition Act, RSC 1985, c C-34 to rescind such consent agreement.

Decided on the basis of the written record

Members: D. Gascon J. (Chairperson), Dr. D.G. McFetridge, Mr. L.P. Schwartz

Date of Order: November 22, 2018

Order signed by: D. Gascon J. (Chairperson)

ORDER ALLOWING AN APPLICATION UNDER PARAGRAPH 106(1)(b) OF THE COMPETITION ACT TO RESCIND A CONSENT AGREEMENT

[1]  FURTHER to a consent agreement filed on September 27, 2010 by the Commissioner of Competition (“Commissioner”) in relation to the acquisition by The Coca-Cola Company (“TCCC”) of the North American carbonated soft drink business of Coca-Cola Enterprises Inc. (“CCE”), including CCE’s Canadian bottling operations now known as Coca-Cola Refreshments Canada Company (“CCRC”)(“Consent Agreement”);

[2]  AND WHEREAS on September 28, 2018, TCCC completed the sale of CCRC to a partnership led by Mr. Larry Tanenbaum (and his business, The Kilmer Group) and Mr. Junior Bridgeman (and his business, Heartland Coca-Cola Bottling Company);

[3]  AND WHEREAS, since September 28, 2018, TCCC no longer has any ownership of the CCRC business, which is operated by independent third-party owners, thereby eliminating the competitive concern that gave rise to the filing of the Consent Agreement;

[4]  AND FURTHER to an application made pursuant to paragraph 106(1)(b) of the Competition Act, RSC 1985, c C-34, by TCCC, with the consent of the Commissioner, to rescind the Consent Agreement (“Application”);

[5]  AND UPON considering the Application, the information and the reasons set out therein for the rescission of the Consent Agreement;

[6]  AND UPON being satisfied with the reasons and information provided by the parties;

[7]  AND UPON noting that the rescission of the Consent Agreement is on consent, but is nevertheless a discretionary matter for the Tribunal;

THE TRIBUNAL ORDERS THAT:

[8]  The Consent Agreement registered in File No CT-2010-009 is hereby rescinded.

[9]  There shall be no costs on this Application.

COUNSEL OF RECORD

For the applicant:

For the respondent: