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 the proposed acquisition by Lafarge S.A. of Blue Circle Industries pk, a company engaged in the construction materials business;
BETWEEN:
THE COMMISSIONER OF COMPETITION Applicant -and-
LAFARGE S.A.
NOTICE OF APPLICATION FOR A CONSENT ORDER
COMPETITION TRIBUNAL TR'.D~t~AL DE LA CONCURRENa P f R ~ :t&Y'"J 15 2001 LJJ- e C I RfG!!>L~AR - RtGISTRAIRf T •--0-TT-A WA. ONT, I# i( q)
Respondent
TAKE NOTICE THAT 1. The Applicant Commissioner of Competition (the "Commissioner") will make an application to the Competition Tribunal pursuant to sections 92 and 105 of the Competition Act (the "Act'') for the following orders with respect to the acquisition by Lafarge S.A. ("Lafarge") of Blue Circle Industries pk ("Blue Circle") ("Acquisition"):
(a) an order pursuant to sections 92 and 105 of the Act in the form of the Draft Consent Order attached hereto at Tab 6:
(b) such further order as the Applicant and the Respondent, on consent, may advise and the Tribunal may consider appropriate.
AND TAKE NOTICE THAT 2. In support of this application, the Commissioner will rely upon the Draft Consent Order attached hereto at Tab 6, Statement of Grounds and Material Facts attached hereto at Tab 2, the affidavits of H. Palsson and M. Sullivan attached hereto at Tabs 4 and 5 respectively, the Consent Order Impact Statement attached hereto at Tab 3, the Consent signed by the parties attached hereto at Tab 7, this Notice of Application and such other material as may be filed or counsel may advise.
3. The name and address of the person with respect to whom a Consent Order is sought is Lafarge S.A., 61 rue des Belles Feuilles B.P. 40 75782 Paris, Cedex 16 France.
4. The Applicant and the Respondent respectfully request that this application be heard in the English language.
5. The Applicant and the Respondent request, in accordance with Rules 68 and 72 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.
-2-Dated at Hull, Quebec, this 15th day of June, 2001 Konrad von Finckenstein, Q.C. Commissioner of Competition
Address for service of the applicant: Andre Brantz John Symes Department of Justice Competition Law Division Place du Portage Phase I 50 Victoria St., 22nd Floor Hull, Quebec K1AOC9 Tel: (819) 997-3325 Fax: (819) 953-9267
TO: Registrar, Competition Tribunal 90 Sparks Street, 6th Floor Ottawa, Ontario KlA OC9
AND TO: STIKEMAN ELLIOTT 1600-50 O'Connor Street Ottawa, Ontario KIP 6L2
Attention: Lawson A.W. Hunter, Q.C. Randall J. Hafley Susan M. Hutton
Tel: (613) 234-4555 Fax: (613) 230-8877
Counsel to the Respondent
IN THE MATTER OF an application by the Commissioner pursuant to sections 92 and 105 of the Competition Act, R.S.C. 1985, c. C-34, as am.;
AND IN THE MATTER acquisition by Lafarge S.A. of Blue Circle Industries pk, a company engaged in the construction materials business.
BETWEEN: The Commissioner of Competition Applicant -and-Lafarge S.A. Respondent
NOTICE OF APPLICATION FOR A CONSENT ORDER
Andre Brantz John Symes Department of Justice Competition Law Division Place du Portage, Phase 1 50 Victoria Street, 22nd Floor Hull, Quebec KlAOC9
THE COMPETITION TRIBUNAL of Competition for an Order
OF the proposed