THE COMPETITION TRIBUNAL
IN THE MATTER OF an application by the Commissioner of Competition under section 79 and 105 of the Competition Act, R.S.C. 1985, c.C-34, as amended;
IN THE MATTER OF an abuse of dominant position in the supply of shared electronic network services for consumer-initiated shared electronic financial services;
IN THE MATTER OF a Consent Order granted by the Competition Tribunal dated June 20, 1996, varied on March 25, 1998, further varied on September 8, 2000 and varied and restated as a consent agreement on January 10, 2003.
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 Amended Consent Agreement made by the Competition Tribunal on January 10, 2003.
BETWEEN: Bank of Montreal The Bank of Nova Scotia COJ\1PETITION TRIBUNAL TRIBUNAL DE LA CONCURRENCE Canada Trustee Mortgage Company FILED I PRODUIT Canadian Imperial Bank of Commerce May 18, 2005 La Confederation des caisses populaires et d'economic Desjardins du Quebec CT-1995-002 Jos LaRose for I pour Credit Union Central of Canada REGISTRAR I REGISTRAIRE National Bank of Canada OTTAWA, ONT # 0128a Royal Bank of Canada The Toronto-Dominion Bank lnterac Inc. Applicants
- and -The Commissioner of Competition Respondent
NOTICE OF APPLICATION FOR AN ORDER TO VARY CONSENT ORDER
CT-95-0:2
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1. TAKE NOTICE that the Applicants hereby apply for an Orde~r varying on consent the Consent Order of the Competition Tribunal (the "Tribunal") originally dated June 20, 1996 and varied on consent by orders of the Tribunal dated March 25, 1998, September 8, 2000 and January 10, 200~~. as more particularly set out in the attached Draft Consent Order and Amended Consent Agreement. 2. AND FURTHER TAKE NOTICE that this application is brought pursuant to sections 105 and 106(1)(b) of the Competition Act, R.S.C. 198ei, c. 19(2nd Supp) as amended, and the Competition Tribunal Rules. 3. AND FURTHER TAKE NOTICE that the grounds upon which th19 application is brought is that the Commissioner of Competition (the "Commissioner") and the Applicants have, through their counsel, consented to the attached Draft Consent Order and Amended Consent Agreement. 4. AND FURTHER TAKE NOTICE that the parties are available for a conference call, at the Tribunal's convenience, to discuss any matters related to the disposition of this application. 5. AND FURTHER TAKE NOTICE that the parties submit that no hearing is required in light of the particular facts of this case, including the fact that notice was given to all affected members of lnterac, that comments were specifically requested, that no negative comments were made and that the Commissioner has consented to the proposed amendment.
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6. AND FURTHER TAKE NOTICE that reference may be made to the Statement of Grounds and Material Facts, the Affidavit of Kirkland Morris, the Draft Order and the Consent, filed herewith as Schedules A, B, C and D, respectively, and to such further and additional material as counsel deem appropriate and as this Tribunal may allow. DATED at Toronto, Ontario this /7·ti.. day of May, 2005.
Cassels Brock & Blackwell LLP 2100 Scotia Plaza 40 King Street West Toronto, Ontario M5H 3C2
Phone: 416.860.6513 Fax: 416.642. 7168 Counsel for the Applicants
TO: The Registrar of the Competition Tribunal AND TO: Ms. Josephine A.L. Palumbo Senior Counsel for the Commissioner of Competition Department of Justice Legal Services Branch Place du Portage, Phase I 50 Victoria Street Gatineau, Quebec K1A OC9 Phone: 819.997.3325 Fax: 819.953.9267
Court File No. CT-95-02 THE COMPETITION TRIBUNAL
IN THE MATTER OF an application by the Commissioner of '.::ompetition under section 79 and 105 of the Competition Act, R.S.C. 1985 c.C-34, as amended;
IN THE MATTER OF an abuse of dominant position in th<: supply of shared electronic network services for consumer-initiated shared electror1ic financial services;
IN THE MATTER OF a Consent Order granted by the Competit on Tribunal dated June 20. 1996, varied on March 25, 1998, further varied on ~.eptember 8, 2000 and varied and restated as a consent agreement on January 10, 2003;
AND IN THE MATTER OF an application by Bank of Montreal, et al., under sections 105 and 106(J)(b) of the Competition Act, R.S.C. 1985, c.C-34, as amended, to vary on consent the Amended Consent Agreement riade by the Competition Tribunal on January 10, 2003.
BETWEEN: Bank of Montreal, The Bank of Nova Scotia Canada, Trustco Mortgage Company Canadian Imperial Bank of Commerce, La Confederation des caiss·~s populaires et d 'economic Desjardins du Quebec, Credit Union Central of Canada, National Bank of Canada, Royal Bank of Canada, The Toronto-Domini(•ll Bank, Interac Inc.
Applicants and
The Commissioner of Competition Re;pondent
NOTICE OF APPLICATION FOR AN ORDER TO VARY CONSENT ORDER
(Filed this /May of May, 2005 l
Mark J. Nicholson Cassels Brock & Blackwell LLP 2100 Scotia Plaza 40 King Street West Toronto, Ontario MSH 3C2
Phone: 416.860.6513 Fax: 416.642.7168 Counsel for the Applicants