THE COMPETITION TRIBUNAL CT-95102 IN THE MATTER 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 financial 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 Trustco Mortgage Company Canadian Imperial Bank of Commerce
-;;-.::-. :·;. _.. -· ........ _ ". __ .......... ". ..... , .. , .,..~».~federation des caisses populaires et d'economie Desjardins du Quebec .-·-- ·-.;,.·-;;;··-;.··iilll·~ ---··· _. •..· ..,._.~~~--. Credit Union Central of Canada COMPETmoN TRIBUNAL National Bank of Canada f TRIBUNAL OE I.A CONCURRENCE t Royal Bank of Canada ~ Q&4•C(L.~ The Toronto-Dominion Bank Interac Inc. T Applicants onAWA. ONT. t 21 (a - and-The Commissioner of Competition Respondent
NOTICE OF APPLICATION FOR AN ORDER TO VARY CONSENT ORDER
- 2 -1. TAKE NOTICE that the Applicants hereby apply for an Order 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 and September 8, 2000, 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. 1985, c. 19(2nd Supp) as amended, and the Competition Tribunal Rules. 3. AND FURTHER TAKE NOTICE that the grounds upon which 1the 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 recent amendments to the Competition Act with respect to Consent Agreements. 6. AND FURTHER TAKE NOTICE that reference may be made to the Draft Consent Order and Amended Consent Agreement filed herewith, and to such further and additional material as counsel deem appropriate and as this Tribunal may allow.
- 3 -DATED at Toronto, Ontario this Lji/- day of December, 2002. ~Ben Little Blake, Cassels & Graydon LLP Barristers and Solicitors Box 25, Commerce Court West Toronto, Ontario M5L 1A9 Phone: (416) 863-2967 Fax: (416) 863-2653 Counsel to the Applicants
TO: The Registrar of the Competition Tribunal AND TO: Ms. Josephine A.L. Palumbo Counsel for the Commissioner of Competition Department of Justice Legal Services Branch Place du Portage, Phase 1 50 Victoria Street Hull, Quebec K1AOC9 Phone: (819) 997-3325 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. 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 financial 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 Trustco Mortgage Company Canadian Imperial Bank of Commerce, La Confederation des caisses populaires et d'economie Desjardins du Qu~~bec, Credit Union Central of Canada, National Bank of Canada, Royal Bank of Canada, The Toronto-Dominion Bank, Intcrac Inc. Applicants - and-The Commissioner of Competition Respondent
NOTICE OF APPLICATION FOR AN ORDER
Mark J. Nicholson Ben Little Blake, Cassels & Graydon LLP Box 25, Commerce Court West Toronto, Ontario M5L 1A9 Phone: (416) 863-2967 Fax: (416) 863-2653 Counsel to the Applicants
THE COMPETITION TRIBLNAL CT-95102
TO VARY CONSENT ORDER