1
Tribunal File No. CT-2024-010 THE COMPETITION TRIBUNAL IN THE MATTER OF the Competition Act, R.S.C. 1985, c. C-34; AND IN THE MATTER OF certain conduct of Google Canada Corporation and Google LLC relating to the supply of online advertising technology services in Canada;
AND IN THE MATTER OF an application by the Commissioner of Competition for one or more orders pursuant to section 79 of the Competition Act.
B E T W E E N:
COMMISSIONER OF COMPETITION Applicant/Responding Party and
GOOGLE CANADA CORPORATION AND GOOGLE LLC Respondents/Moving Parties ______________________________________________________________________
MOTION RECORD (EXTENSION OF TIME ON CONSENT) ______________________________________________________________________
December 19, 2024
DAVIES WARD PHILLIPS & VINEBERG LLP 155 Wellington Street West Toronto ON M5V 3J7
Kent E. Thomson (LSO# 24264J) Email: kentthomson@dwpv.com Tel: 416.863.5566 Elisa K. Kearney (LSO# 49342T) Email: ekearney@dwpv.com Tel: 416.367.7450 Chenyang Li (LSO# 73249C) Email: cli@dwpv.com Tel: 416.367.7623
Fax: 416.863.0871 Lawyers for the Respondents/Moving Parties, Google Canada Corporation and Google LLC
TO:
2
ATTORNEY GENERAL OF CANADA Department of Justice Canada Competition Bureau Legal Services Place du Portage, Phase I 50 Victoria Street, 22nd Floor Gatineau, Quebec K1A 0C9
Alexander M. Gay Email: alexander.gay@cb-bc.gc.ca Donald Houston Email: donald.houston@cb-bc.gc.ca John Syme Email: john.syme@cb-bc.gc.ca Ian Clarke Email: ian.clarke@cb-bc.gc.ca Katherine Rydel Email: katherine.rydel@cb-bc.gc.ca Adam Rossiter Email: adam.rossiter@cb-bc.gc.ca
Tel: 613.296.4470 Fax: 819.953.9267
Lawyers for the Applicants/Responding Parties, the Commissioner of Competition
AND TO:
THE REGISTRAR OF THE COMPETITION TRIBUNAL Thomas D’Arcy McGee Building 90 Sparks Street, Suite 600 Ottawa, ON K1P 5B4
Tab 1. 2. 3.
INDEX
Description Notice of Motion dated December 19, 2024 Consent to Order dated December 19, 2024 Draft Order on Consent re Extension of Time
Page No. 5-11 13-15 17-18
4
TAB 1
Tribunal File No. CT-2024-010 THE COMPETITION TRIBUNAL IN THE MATTER OF the Competition Act, R.S.C. 1985, c. C-34; AND IN THE MATTER OF certain conduct of Google Canada Corporation and Google LLC relating to the supply of online advertising technology services in Canada;
AND IN THE MATTER OF an application by the Commissioner of Competition for one or more orders pursuant to section 79 of the Competition Act.
B E T W E E N:
COMMISSIONER OF COMPETITION Applicant/Responding Party and
GOOGLE CANADA CORPORATION AND GOOGLE LLC Respondents/Moving Parties ______________________________________________________________________
NOTICE OF MOTION (EXTENSION OF TIME ON CONSENT) ______________________________________________________________________
TAKE NOTICE THAT, to the extent necessary or advisable, the Respondents, Google Canada Corporation and Google LLC (together, “Google”), will make a motion to the Competition Tribunal (“Tribunal”) at such time and place and in such manner as is determined by the Tribunal.
THE MOTION IS FOR:
(a)
an order extending the time for service and filing of Google’s Response to the Notice of Application of the Commissioner of Competition (the “Commissioner”) to February 14, 2025; and
(b)
6
-2- such further and other relief as this Honourable Court may deem just.
THE GROUNDS FOR THE MOTION ARE:
(a)
(b)
(c)
(d)
Google requires additional time to serve and file a Response to the Notice of Application of the Commissioner beyond the 45 days set out in rule 38 of the Competition Tribunal Rules, SOR/2008-141 (“Rules”).
The Commissioner has consented to an extension of time for Google to file its Response to the Notice of Application to February 14, 2025.
Rules 5 and 38 of the Rules.
Such further and other grounds as counsel may advise.
THE FOLLOWING DOCUMENTARY EVIDENCE will be used at the hearing of the motion:
(a)
(b)
the Consent to Order attached in Appendix “A” to this Notice of Motion.
Such further and other materials as counsel may advise and this Tribunal may permit.
December 19, 2024
7
-3-
DAVIES WARD PHILLIPS & VINEBERG LLP 155 Wellington Street West Toronto ON M5V 3J7
Kent E. Thomson (LSO# 24264J) Email: kentthomson@dwpv.com Tel: 416.863.5566 Elisa K. Kearney (LSO# 49342T) Email: ekearney@dwpv.com Tel: 416.367.7450 Chenyang Li (LSO# 73249C) Email: cli@dwpv.com Tel: 416.367.7623
Fax: 416.863.0871 Lawyers for the Respondents/Moving Parties, Google Canada Corporation and Google LLC
8
APPENDIX “A” TO NOTICE OF MOTION
9
Tribunal File No. CT-2024-010 THE COMPETITION TRIBUNAL IN THE MATTER OF the Competition Act, R.S.C. 1985, c. C-34; AND IN THE MATTER OF certain conduct of Google Canada Corporation and Google LLC relating to the supply of online advertising technology services in Canada;
AND IN THE MATTER OF an application by the Commissioner of Competition for one or more orders pursuant to section 79 of the Competition Act.
B E T W E E N:
COMMISSIONER OF COMPETITION Applicant/Responding Party and
GOOGLE CANADA CORPORATION AND GOOGLE LLC Respondents/Moving Parties ______________________________________________________________________
CONSENT TO ORDER ______________________________________________________________________
BY THEIR RESPECTIVE LAWYERS, the Parties consent to an Order in the form attached hereto as Schedule “A”, extending the time for filing and service by Google Canada Corporation and Google LLC of their Response to the Notice of Application of the Commissioner of Competition. No party affected is under disability. DATED AT TORONTO, ONTARIO this 1 _ 9 _ t _ h _ day of December, 2024.
Chenyang Li Davies Ward Phillips & Vineberg LLP
Counsel for Google Canada Corporation and Google LLC
Alexander Gay Attorney General of Canada
Counsel for the Commissioner of Competition
10
SCHEDULE “A” TO CONSENT TO ORDER Tribunal File No. CT-2024-010 THE COMPETITION TRIBUNAL IN THE MATTER OF the Competition Act, R.S.C. 1985, c. C-34; AND IN THE MATTER OF certain conduct of Google Canada Corporation and Google LLC relating to the supply of online advertising technology services in Canada;
AND IN THE MATTER OF an application by the Commissioner of Competition for one or more orders pursuant to section 79 of the Competition Act.
B E T W E E N:
COMMISSIONER OF COMPETITION Applicant/Responding Party and
GOOGLE CANADA CORPORATION AND GOOGLE LLC Respondents/Moving Parties ______________________________________________________________________
ORDER ______________________________________________________________________
THIS MOTION was made by the Respondents, Google Canada Corporation and Google LLC (together, “Google”), to the Competition Tribunal (“Tribunal”) for an extension of time to file and serve Google’s Response to the Notice of Application of the Commissioner of Competition (“Commissioner”) dated November 28, 2024;
FURTHER TO the application filed by the Commissioner on November 28, 2024 against Google under section 79 of the Competition Act, R.S.C. 1985, c. C-34 (the “Application”);
11
AND CONSIDERING the consent of the Commissioner to the extension of time for Google to file its Response to the Notice of Application of the Commissioner until February 14, 2025;
THE TRIBUNAL ORDERS THAT:
1.
2.
The deadline for Google to file its Response to the Notice of Application of the Commissioner in this Application shall be extended to February 14, 2025.
No costs shall be awarded for this motion.
__________________________________
12
TAB 2
Tribunal File No. CT-2024-010 THE COMPETITION TRIBUNAL IN THE MATTER OF the Competition Act, R.S.C. 1985, c. C-34; AND IN THE MATTER OF certain conduct of Google Canada Corporation and Google LLC relating to the supply of online advertising technology services in Canada;
AND IN THE MATTER OF an application by the Commissioner of Competition for one or more orders pursuant to section 79 of the Competition Act.
B E T W E E N:
COMMISSIONER OF COMPETITION Applicant/Responding Party and
GOOGLE CANADA CORPORATION AND GOOGLE LLC Respondents/Moving Parties ______________________________________________________________________
CONSENT TO ORDER ______________________________________________________________________
BY THEIR RESPECTIVE LAWYERS, the Parties consent to an Order in the form attached hereto as Schedule “A”, extending the time for filing and service by Google Canada Corporation and Google LLC of their Response to the Notice of Application of the Commissioner of Competition. No party affected is under disability. DATED AT TORONTO, ONTARIO this 1 _ 9 _ t _ h _ day of December, 2024.
Chenyang Li Davies Ward Phillips & Vineberg LLP
Counsel for Google Canada Corporation and Google LLC
Alexander Gay Attorney General of Canada
Counsel for the Commissioner of Competition
14
SCHEDULE “A” TO CONSENT TO ORDER Tribunal File No. CT-2024-010 THE COMPETITION TRIBUNAL IN THE MATTER OF the Competition Act, R.S.C. 1985, c. C-34; AND IN THE MATTER OF certain conduct of Google Canada Corporation and Google LLC relating to the supply of online advertising technology services in Canada;
AND IN THE MATTER OF an application by the Commissioner of Competition for one or more orders pursuant to section 79 of the Competition Act.
B E T W E E N:
COMMISSIONER OF COMPETITION Applicant/Responding Party and
GOOGLE CANADA CORPORATION AND GOOGLE LLC Respondents/Moving Parties ______________________________________________________________________
ORDER ______________________________________________________________________
THIS MOTION was made by the Respondents, Google Canada Corporation and Google LLC (together, “Google”), to the Competition Tribunal (“Tribunal”) for an extension of time to file and serve Google’s Response to the Notice of Application of the Commissioner of Competition (“Commissioner”) dated November 28, 2024;
FURTHER TO the application filed by the Commissioner on November 28, 2024 against Google under section 79 of the Competition Act, R.S.C. 1985, c. C-34 (the “Application”);
15
AND CONSIDERING the consent of the Commissioner to the extension of time for Google to file its Response to the Notice of Application of the Commissioner until February 14, 2025;
THE TRIBUNAL ORDERS THAT:
1.
2.
The deadline for Google to file its Response to the Notice of Application of the Commissioner in this Application shall be extended to February 14, 2025.
No costs shall be awarded for this motion.
__________________________________
16
TAB 3
Tribunal File No. CT-2024-010 THE COMPETITION TRIBUNAL IN THE MATTER OF the Competition Act, R.S.C. 1985, c. C-34; AND IN THE MATTER OF certain conduct of Google Canada Corporation and Google LLC relating to the supply of online advertising technology services in Canada;
AND IN THE MATTER OF an application by the Commissioner of Competition for one or more orders pursuant to section 79 of the Competition Act.
B E T W E E N:
COMMISSIONER OF COMPETITION Applicant/Responding Party and
GOOGLE CANADA CORPORATION AND GOOGLE LLC Respondents/Moving Parties ______________________________________________________________________
ORDER ______________________________________________________________________
THIS MOTION was made by the Respondents, Google Canada Corporation and Google LLC (together, “Google”), to the Competition Tribunal (“Tribunal”) for an extension of time to file and serve Google’s Response to the Notice of Application of the Commissioner of Competition (“Commissioner”) dated November 28, 2024;
FURTHER TO the application filed by the Commissioner on November 28, 2024 against Google under section 79 of the Competition Act, R.S.C. 1985, c. C-34 (the “Application”);
18
AND CONSIDERING the consent of the Commissioner to the extension of time for Google to file its Response to the Notice of Application of the Commissioner until February 14, 2025;
THE TRIBUNAL ORDERS THAT:
1.
2.
The deadline for Google to file its Response to the Notice of Application of the Commissioner in this Application shall be extended to February 14, 2025.
No costs shall be awarded for this motion.
__________________________________