C!rnmpdittnn Wribunnl wribunnl ht In C!rnncurr.enr.e File no.: CT2004004 Registry document no.: 0004
IN THE MAT IER OF an application by Paradise Pharmacy Inc. and Rymal Pharmacy Inc. for an Order pursuant to section 103.l of the Competition Act, R.S.C. 1985, c. C-34, granting leave to bring an application under section 75 of the Act;
BETWEEN: Paradise Pharmacy Inc. and Rymal Pharmacy Inc. (applicants)
and Novartis Pharmaceuticals Canada Inc./Novartis Pharma Canada Inc. (respondents)
NOTICE PURSUANT TO SUBSECTION 103.1(5) OF THE COMPETITION ACT [l] WHEREAS as application was filed on May 13, 2004 by Paradise Pharmacy Inc. and Rymal Pharmacy Inc. pursuant to subsection 103.1(1) of the Competition Act, R.S.C. 1985, c. C-34, as amended (the "Act") for an Order for leave to make an application under section 75 of the Act;
[2] AND WHEREAS, pursuant to subsection 103.1(3) of the Act, the Commissioner of Competition certified in a letter filed on May 18, 2004 that this matter is not the subject of an inquiry nor was it the subject of an inquiry that has been discontinued because of a settlement between the Commissioner of Competition and the parties involved;
[3] TAKE NOTICE THAT pursuant to subsection 103.l(S) of the Act, the Competition Tribunal hereby confirms that it can hear the above-mentioned application for leave to make an application under section 75 of the Act.
DATED at Ottawa, this 25th day of May, 2004.
Sandra Simpson
TO: Mark Adilman D.H. Jack Solicitors for Paradise Pharmacy Inc. and Rymal Pharmacy Inc.
AND TO: Novartis Pharmaceuticals Canada lnc./Novartis Pharma Canada Inc. AND TO: Commissioner of Competition