2006-01-04' 08:59 (204) 983-5609 LEGAL p 2 CT-2005-009 Tm; COMPf.TTTTON TRIBUNAL lN THE MATTER OF the Comp~tition Act, R.S.C. 1985, c. C-34, a.s amended; AND IN THE MATTER OF an application by the C-Omrnission of Com-petition for :m Order pUJ'SUMJt to section 92 of lhe Co,,.pe.lilivn Ac/;
AND IN THE MATTER OF an application by the Commission of Competition for &1' Order pursuant to ~ection 104 of lhe Co,,,petirion Ad;
AND IN THE MATTER OF a joint venh,lre hetween Sasbu:h.ewan Wliea! Pool Tnc. and James Richardson International Limited in respect of port tenninal grain handling in the Port of Vancouver;
BETWEEN: THE COMMISSIONER OF COMPETITON Applicant
-AND-SASKAT ACHEW AN WHEAT POOL INC., JAMES RICHARDSON INTERNATIONAL LIMITED 63626111 CANADA LTD. AND 6362699 CANADA LID. Respondent~ ·AND· CANADIAN WHEAT BOARD JntcfVt;llOf
REQUEST FOR LEA VE TO INTERVENE ON BEHALF OF THE CANADIAN WHEAT BOAflD
Re: Set:lion 92 and Section 104 of tile Competition Act
The ClltlJldian Wheat Board ("the CWB") rcquesb kave of !he Competition Tribunal purJuant to Section 9(3) of !he Competition Tribunal Act, R.S.C. 1985, c. 19, all amended, to intervene in these proceedings. In support of this reque111, the CWB intends w tcly up on the Affidavit of Ward Wei&ensel ~worn January 3. 2006. l. Na1ne and Address of the Proposed Intervenor: The Canadian Wheat Hoard 423 Main Street P.O. Box 816 Station Main Winnipeg, Manitoba RJC 2P.5
Attcntion: James E. McLarull"Clll!, Gcncnd Counsel
2006-01-04 08:59 (204) 983-5609 LEGAL p 3 - 2 -Telephone: (204) 984-2413 Fax: (204) 983-5609 Am:ntion; Margaret I. Wiebe, Senior Counsel Telephone: (204) 9113-3425 Fu; (204) 983-5609 Addre11 ror SerYice: The Canadian Whe111 Board 423 Main Street P 0 B<>x 816 Station Main Winnipeg. Maniiob11. RJC 2P5
Attention: James f.. Mc Landress. Ueneral Counsel Telephone: (204) 984-2413 Fax: (204) 983-~609 Attention: Margaret I. Wiebe, Senior CoUil511! Telephone: (204) 983-342.5 Fax: (204) 983-.5609 2. The matten In l11ae tbat affect CWB and the competitive co11.&equences ariung rrom such matter11: (1:1) The CWB i~ a C.anner oon1rollc<l IIUuktting organization. It i~ a oorporabon incorporated pursuant tG the provisions of !he Canadian Wheat Board Act, R.S., c. C-12 (the "CWB Act"). The ~tatu.tory object af the corporation i~ to marlcet grain grown in Wesrern Canada in an orderly l'IlllDDCr in intcrprovincial and export trade.
Its mission is to 1IW"kct am! provide quality products llDd sCTVicr;s in order to maximize value to its owners, western Canadian grain fanncl'll. 1bt CWB Act Bild the rr;gulations pused under it give the CWB exclusive jurisdiction over the purchase and sale of wheat, durum Bild bOiley grown in Western Canada and intended for export or dome~tic hu111ll11 consumption ("CWB grBins").
(b) All of the money received by tlle CWR for the sale of CWB grains is pooled into one of four account1 (wheat, durum, barley and desig11.11ted (i.e. malt) barley) 11J1d, Jfter deducting the cwn·~ operatinl? costs, all uf the 3ale~ revenue earned by the CWB is retumed to prod~ers. Any increaac in lhe operating co~\& or lhe CWH resulu in a reduction in the return to the roughly 70,000 producers of CWB grains that the CWB mArkets on their
behalf.
(c) The CWB does not own any grain handlifli facilities in Canada, including in the country or any at the Pore nf Vancouver, and it therefore relies on grain handling services and the facilities provided by bolh integrated and non-integrated companiM, including Saskatcb.cwan Wheat Pool Inc. ("SWP") and fame~ Richard.'\on lniemat1onal Limited ("JRl").
(d) Both the primary elevator services and the port terminal grain handling services in the Port of Vancouver are euential to the CWB'R operation.,.
(e) The CWB ia concerned that any further cnn,olidaticm of the prim11ry elevator capacity and/or t.he tcrmi!Ull capacity at the ron of Vaneouver will further enhance lhe considerable market power which now exists in those markets and lhi8 will 11dvcr.1ely impact acce11s m fllcilities, price~. level~ and quality of service both 111 the Port ofVanc<>uver and upstream at the primary grain elevator level.
. 2006-01-04 08:59 (204) 983-5609 LEGAL p 4 . 3. (t) The CWB lw a unique penpe<:tive on the potential competitive effocts such a joint would have on the CWB and Weslem Canadian f1111n1m1. 3. The party whose po1ldon CWB lntead1 to 1upport: Based on the materials filed to dale with I.he Comp!ltition Tnbunal, the CWB intends \0 gcnetally support the position of the Applicant.
4. The Official Language to be used: English ~. At thi1 time, CWB propo8el to participate ln the proeeedln&• at follows: a) 'lbat the Canadian Wheat Board be allowed to participate in the proceedings and be pcnu.ittcd: 1. to n:view any discovery transcripts and access MY discovery documents of tile parties lO the application hut not direct participation in the discovery process, subject to confidentiahty orders; 1i. to call vivo vuce evidence on lhe following conditiollll and containing the following information: (I) the names of the witnesses sought to be called; (2) the nature of the evidence to be provided and m e1tplanation a~ to what i!!UC within the Rcope of the intervention such evidence would be relevant; (3) a dCDlODSIJalion that such evidence is not rep~itive, that the facts to he proven have not been adequately dealt with in the evidence so far; and (4) a stalement that the Commissioner had been asked to adduce such evidence and had refused; iii. to cross-examine witnesses at the hearing of the application to the extent th.at it i~ not repetitive: of the croH-examination of the parties to the application; iv. to ~ubmil legal arguments at lhe hearing or the application that arc non-repetitive in nature and at any pre-hearing motions or pre-hearing conferenceK; and v. IQ introduce expert evidence which is within the scope of its imcrvention in accordance with the procedure set out in l~e Competilion rribunal RuleJ, SOR/94-290, and case management.
b) And that there be no doeumentary or oral discovery of the CWB. DA TED at Winnipeg, Manitob11 uu~ ---=-3'_ 11 day of January, 2006,
Station M.tn Winnipeg, Manitoba
R3C 2P5
The Canadian Wheal ~oard 42 3 Milin Stroct P.O. Box 1116
2006-01-04 09:00 (204) 983-5609 LEGAL p 5 -··-· -·--------------------------···-·---··--··- ..
-4. Attention: James E. McLandress General Counsel
Telephone: (204) 984-241 J Fax: (W4) 983-5609 Attention: Margaret I. Wiebe Senior Counsel
Telephone: (204) 983-3425 Fax: (204) 983-5l'i09 SolicirorR for tb~ Canadian Whrat 801rd