Tribunal de la concurrence
Registry Doc. No.: 244
Date: March 10, 2021
Matter: CT-2019-005 – The Commissioner of Competition v Parrish & Heimbecker, Limited
Direction to Counsel (from the Panel)
In the course of its deliberations, the Panel has consulted the 2011 Merger Enforcement Guidelines (“MEGs”) as well as its previous iterations. In this context, the Panel has examined the 1991 MEGs and notes that one of the issues in dispute in the present matter, that is to say the “value-added” approach, was the subject of a specific reference in the 1991 MEGs (see the excerpt attached to this Direction). Neither party put the 1991 MEGs before the Panel or referred to them in its submissions.
Since it has considered the 1991 MEGs and may take them into consideration in its analysis, the Panel invites both parties to provide any submissions they may have on the attached extract from the 1991 MEGs and its absence from subsequent iterations of the MEGs. In the course of preparing these submissions, the Panel invites counsel to consult contemporaneous secondary sources, such as academic books and journal articles. Excerpts from these sources may be attached as appendices to the submissions. The parties’ submissions (without appendices) shall not exceed 3 pages and shall be served and filed by the end of the day on March 24, 2021. Given the COVID-19 pandemic and the nature of this request, which may require the parties to locate archived materials, either party can address the Tribunal if it considers that more time may be needed to prepare its submissions.
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