05"16:2005 18:44 FAX 819 953 9267 CLDISDC IC [4]003 SCHEDULE "D" THE COMPETITION TRIBUNAL CT-96/0:2
IN THE MATIER OF an application by the Commissioner of Competition under sections 79 and 105 of the Competition Act, R.S .c_ 1985, c.C-34, as amended; AND IN THE MATTER OF an abuse of dominant position in the supply of shared electronic network services for consumer-initiated shared electronic financlal services;
AND IN THE MATTER OF a Consent Order granted by the Competition Tribunal dated June 20, 1996 and varied on March 25, 1998, and further varied on September 8, 2000;
AND IN THE MATTER OF an application by Bank of Montreal, et al., under sections 105 and 106(1)(b) of the Competition Act, R.S.C. 1985, c.C-34, as amended, to vary on consent the consent Order granted by the Competition Tribunal on June 20, 1996 and
varied on March 25, 1998, and further varied on September 8. 2000,
BETWEEN: Bank of Montreal The Bank of Nova Scotia Canada Tru5tco Mortgage Company Canadian Imperial Bank of Commerce La Confederation des caisses populalres et
d'economie Desjardins du Quebec Credit Union Central of Canada National Bank of Canada Royal Bank of Canada The Toronto-Ootninion Bank lnterac Inc.
- and -
The Commissioner of Competition
CONS EN!
AppHcants
Respondent
05:16-'2005 18:45 FAX 819 953 9267 CLD/SDC IC l4J 004 - 2 -The parties hereto, by their solicitors, consent to an order by the Competition Tribunal (the "Tribunal") in accordance with the terms of the Draft Consent Order attachBd as Schedule C to the Notice of Application, varying on consent the Amended Consent Agreement made by the Tribunal on January 1, 2003, which restated the Consent Order originally made by the Tribunal on June 20, 1996 and subsequently varied on consent by orders of the Tribunal dated March 25, 1998 and September 8. 2000. DATED at Gatineau, Quebec this f ~ f"--day of May, 2005.
Bank of Montreal The Bank of Nova Scotia Canada Trustco Mortgage Company Canadian Imperial Bank of Commerce La Federation des caisses Desjardins du QuebeG (successor to La Confederation des caisses populaires et d'economle Desjardins du Quebe1~) Credit Union Central of Canada National Bank of Canada Royal Bank of Canada The Toronto-Dominion Bank lnterac Inc. by their Counsel CASSELS BROCK& BLACKWELL LLP
PMear J_ r·:~ -=-::::::::::: ..
CLD/SDC IC 05il6·'2005 18:45 FAX 819 953 9267 IN THE MATTER OF an application by the Commissioner of Competition under sections 79 and 105 of the Competition Act, R.S.C. 198~,
c.C-34, as amended;
AND IN THE MATTER OF an abuse ofdorninant position in the i.upply of shared electronic network services for consurner-initiared shared electronic financial services;
AND IN THE MATTER OF a Consenr Order granted by the Competition Tribunal dated June 20, 1996 and varied on March 25, 1998, and further
varied on Sepremb~r S, 2000:
AND IN THE MATTER OF an application by Bank of Montreal, er al., under sections IOS and 106(l)(b) of the Competition Ai::t, R.S.C. 1985, c.C·
34, as am;ndcd, to vary on consent the Con~ent Order granted by the Competition Tribunal on June 20, r 996 and varied on March 25, I 99 ~. and
further varied on September B, 2000.
BETWEEN; D~11 k of Montroal, T~c Bank of NO\' a Scotia Can~da, Trustco Mongage (l)mpur y Canadian Imperial Bank ofCon1nierce, La Confederation des ~isses popt,laires et d'cconol'l'lic Desjardin• du Quebec, Cll:dit Union Central ofCanad11,
Nedonal San](. of Canada. RQy~I B~nk ofCenade, The Tol'On!o-Dominion 0anl:, lnurrac; Inc.
Applic~nu and
Tho Commi~;;ioncr of Cornp~tition RespJndcnt
CONSENT Mark J. Nicholson Cassels Brock & Blackwell LLP 2100 Scotia Plaza 40 King Street West Toromo, Ontario MSH 3C2
Phone: 416.860.6513 fax; 416.642.716S Counsel for the Applicants
141005 Court File No. CT-95/02 THE COMPETITION TRIBUNAL