cT- J.oo·i.--· 003 THE COMPETITION TRIBUNAL IN THE MATTER OF an application by the Commissioner of Competition for an Order pursuant to sections 92 and 105 of the Competition Act, R.S.C. 1985, c.C-34, as amended;
AND IN THE MATTER OF an application by the Commissioner of Competition for an Order pursuant to section 104 of the Competition Act;
AND IN THE MATTER OF the acquisition by Bayer AG of all of the shares of Aventis CropScience Holding S.A., constituting the agrochemical business of Aventis S.A. and, in Canada, the indirect acquisition by Bayer AG of all of the shares of Aventis CropScience Canada Co.
BETWEEN: r----------T_H_E-~OMMISSIONER OF COMPETITION COMf1f.m·H:m mt!UMAL rn;m.HJAl DE LA CONWmm~cE p Applicant R 0
l t ~~~ 3 1 2002 1L y D I - and -REGIS.TRAP.. ~ IUG1SUAll\E
OTTAWA, ONT. BAYER AG and AVENTIS CROPSCIENCE HOLDING S.A.
Respondents NOTICE OF APPLICATION TAKE NOTICE that the Commissioner of Competition (the "Commissioner") will make an application to the Competition Tribunal, on a day and place to be determined by the Competition Tribunal (the "Tribunal"), pursuant to sections 92 and 105 of the Competition Act (the "Act") for:
(a) An Order or Orders against the Respondents pursuant to sections 92 and 105 of the Act requiring the Respondents to divest certain pesticide assets and provide other remedies relating to the Hold Separate Businesses, as defined in the Draft Consent Interim Order ("DCIO") attached hereto at Tab 9;
(b) An Order or Orders against the Respondents pursuant to section 92 of the Act requiring the Respondents to divest such further or other shares or assets as the Tribunal considers necessary to address the substantial lessening or prevention of competition which is likely to result from the acquisition of the Respondent, Aventis CropScience Holding S.A. by the Respondent, Bayer AG; and
(c ) Such further and other final or interim Orders that may be appropriate. AND TAKE NOTICE that in support of this application, the Commissioner will rely upon the Draft Consent Order attached hereto at Tab 7, the Statement of Grounds and Material Facts attached hereto as Tab 4, the Affidavit of Dean Shaikh attached hereto at Tab 3, the Consent Order Impact Statement attached hereto at Tab 5, the Consent of the Parties attached hereto at Tab 6, this Notice of Application and such other material as may be filed or counsel may advise.
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AND TAKE NOTICE that the Applicant and the Respondents request, in accordance with Rule 68 of the Competition Tribunal Rules and Rule 8 of the Federal Court Rules, that the service requirements of the Competition Tribunal Rules be dispensed with and the 48 hour period provided for in Rule 24(2) of the Competition Tribunal Rules be abridged.
AND TAKE NOTICE that if you do not file a Response with the Registrar of the Tribunal within 30 days of the date upon which this application is served upon you, the Tribunal may, upon ex parte application by the Commissioner, make such order as it may consider just.
ADDRESSES FOR SERVICE ON THE RESPONDENTS ARE: Randal T. Hughes Tracey N. Patel Fraser Milner Casgrain LLP 1 First Canadian Place, 39th Floor 100 King Street West Toronto, ON M5X 1B2 Counsel to the Respondent, Bayer AG Lawson A.W. Hunter, Q.C. Susan M. Hutton Kim D.G. Alexander-Cook Stikeman Elliott 1600-50 O'Connor Street Ottawa, ON Canada KIP 6L2
Counsel to the Respondent, Aventis CropScience Holding S.A.
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THE COMMISSIONER proposes that the hearing of this application be held in Ottawa, Ontario and that the proceedings be conducted in the English language.
For the purposes of this application, service of all documents on the Commissioner can be served on:
JOSEPHINE A.L. PALUMBO Department of Justice Competition Law Division Place du Portage, Phase I 50 Victoria Street, 22nd Floor Gatineau, QC KlA OC9
Tel: (819) 953-3902 Fax: (819) 953-9267
Counsel to the Commissioner of Competition )f-DATED at Gatineau, Quebec, this gj day of May, 2002 . onrad von Finckenstein, Q.C. f · ommissioner of Competition Place du Portage, Phase I 50 Victoria Street, 21st Floor Gatineau, QC K1AOC9
Tel: (819) 997-3301 Fax: (819) 953-5013
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CT-IN THE MATTER OF an application by the Commissioner of Competition for an Order pursuant to sections 92 and 105 of the Competition Act, R.S.C. 1985, c. C-34 as amended;
AND IN THE MATTER OF an application by the Commissioner of Competition for an Order pursuant to section 104 of the Competition Act;
AND IN THE MATTER OF the acquisition by Bayer AG of all of the shares of Aventis CropScience Holding S.A., constituting the agrochemical business of Aventis S.A. and, in Canada, the indirect acquisition by Bayer AG of all of the shares of Aventis Crop Science Canada Co.
BETWEEN: THE COMMISSIONER OF COMPETITION Applicant
- and-BAYER AG and AVENTIS CROPSCIENCE HOLDING S.A. Respondents
NOTICE OF APPLICATION JOSEPHINE A.L. PALUMBO Department of Justice Competition Law Division Place du Portage, Phase I 50 Victoria Street, 22nct Floor Gatineau, QC KIA OC9
Tel: (819) 953-3902 Fax: (819) 953-9267
Counsel to the Commissioner of Competition