Tribunal de la concurrence
Registry Doc. No.: 187
Date: December 16, 2020
Matter: CT-2019-005 – The Commissioner of Competition v Parrish & Heimbecker, Limited
Direction to Counsel (from Mr. Justice Gascon, Chairperson)
Re: P & H reply on efficiencies (2)
FURTHER TO the Direction issued by the Tribunal on December 15, 2020 regarding the reply witness statement of Mr. Heimbecker (“Reply Witness Statement”) delivered by Parrish & Heimbecker, Limited (“P & H”) and the informal motion filed by the Commissioner of Competition (“Commissioner”) requesting that the Tribunal strike portions of the Reply Witness Statement as inappropriate lay opinion evidence (“Motion”);
AND FURTHER TO the email of December 16, 2020 from counsel for the Commissioner sent on behalf of both parties;
THE TRIBUNAL DIRECTS AS FOLLOWS:
- The hearing of the Motion scheduled for Friday, December 18, 2020 at 1:00 p.m. is cancelled and the motion is adjourned sine die.
- If the parties agree on statements to be removed from the Reply Witness Statement to resolve the Commissioner’s concerns, P & H shall serve and provide to the Tribunal revised public and confidential versions of the Reply Witness Statement by January 4, 2021 at the latest.
- If the Commissioner’s concerns with the Reply Witness Statement are not fully resolved further to the discussions between the parties, the Commissioner shall have the right to challenge the admissibility and/or weight to be given to the contents of the Reply Witness Statement at the hearing of the Application.
- The parties shall provide a written update on the status of their discussions by the end of the day on January 4, 2021.
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