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CT- "2.ooo Joo<.. THE COMPETITION TRIBUNAL IN THE MAT IER OF the Competition Act, R.S. 1985, c. C-34; as amended; IN TIIE MATTER OF an Application by the Commissioner of Competition under section 92 of the Competition Act,
AND IN THE MAT fER OF the acquisition by Canadian Waste Services Inc. of certain assets of Browning-Ferris Industries Ltd., a company engaged in the solid waste business.
BETWEEN: COMMISSIONER OF COMPETITION Applicant -and-CANADIAN WASTE SERVICES HOLDINGS INC., CANADIAN WASTE SERVICES INC. AND WASTE MANAGEMENT, INC.
Respondents • NOTICE OF APPLICATION FOR A CONSENT INTERIM ORDER TAKE NOTICE TIIAT the Commissioner of Competition (the "Commissioner") will make an application to the Competition Tribunal, pursuant to sections 92, 104 and 105 of the Competition Act, on consent of the Respondents, for the following:
(a) An interim order pursuant to section 104 of the Act in the form of the draft consent interim order attached hereto; and
(b) Such further or other order as the Applicant and the Respondents, on consent, may advise and the Tribunal considers appropriate.
COMPETITION TR!BUNAL TR!BUNAl DE LA CilliCOJll!lUICE P
R 0 ~~~ 26 2000 ~ y D ... ~ .1,,-.. - .-.:G!StRAlRE T
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THE GROUNDS FOR THE APPLICATION ARE THE FOLLOWING: L The Commissioner' s Application raises a serious issue as to whether acquisition of the Ridge landfill facility by the Respondents will likely lead to a substantial lessening or prevention of competition in waste disposal markets in Southern Ontario;
2. The interim consent Order proposed by the Commissioner is necessary to preserve divestiture of the Ridge landfill facility as an effective remedy;
3. In the absence of the interim consent Order proposed by the Commissioner, there is likely to be irreparable harm to competition;
4. The balance of convenience favours granting the interim consent Order; and 5. The Respondents have consented to the interim consent Order proposed by the • Commissioner. AND TAKE NOTICE THAT: 6. In support of this Application, the Applicant will rely upon his Application herein pursuant to section 92 of the Act, the Draft Consent Interim Order, the Affidavit of Lourdes DaCosta, the consents of the proposed Independent Manager and Monitor, the Applicant's Memorandum of Argument on interim relief and the Consent of the parties to this Application, all filed herein, and such other material as may be filed or counsel may advise.
7. The names and addresses of the persons against whom a Consent Interim Order is sought • are listed below . 8. The Applicant and the Respondents request that this Application be heard in the English language.
9. 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.
- 3 -10. The Applicant and the Respondents agree that no oral evidence will be given at the hearing of this Application and that the evidence will be limited to the Affidavit referred to herein.
~ DATED at Hull, Quebec, this 24 day of April, 2000. Telephone: (819) 997-3301 Facsimile: (819) 953-5013
• ADDRESSES FOR SERVICE ON THE RESPONDENTS: Canadian Waste Services Holdings Inc., Canadian Waste Services Inc. Waste Management, Inc. 1275 North Service Road West, Suite 700 Oakville, Ontario L6M2G4
ADDRESSES FOR SERVICE ON THE APPLICANT: Mr. Donald Houston Mr. W. Michael G. Osborne Kelly Affleck Greene • Suite 840, P.O. Box 489 One First Canadian Place Toronto, ON MSX lES Telephone: (416) 360-2810 / 5919
Facsimile: (416) 360-5960
- 4 -Mr. Andre Brantz Department of Justice Place du Portage, Phase I 50 Victoria Street, 22•d Floor Hull, Quebec KlAOC9
Telephone: (819) 997-3325 Facsimile: (819) 953~9267 Counsel for the Commissioner of Competition TO: The Registrar of the Competition Tribunal 90 Sparks Street, Suite 600 Ottawa, Ontario KIP 5B4
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THE COMPETITION TRIBUNAL IN THE MATIER OF tlle Competition Act, RS. 1985, c. C-34; as amended;
IN THE MATIER OF an Application by tl:ie Commissioner of Competition under section 92 of the Competition Act,
AND IN THE MATIER OF the acquisition by Canadian Waste Services Inc. of certain assets of Browning-Ferris Industries Ltd, a company engaged in 1he solid waste business.
BETWEEN: • Mr. Donald Houston Mr. W. Michael G. Osborne Kelly Affleck Greene
Suite 840, P.O. Box489 One Frrst Canadian Place Toronto, ON M5X 1E5
Telephone: (416) 360-2810 /5919 Facsimile: (416) 360-5960
Mr. Andre Brantz • Department of Justice Competition Law Division Industry Canada, Legal Services Place du Portage, Phase I 50 Victoria Street Hull, Quebec KlA OC9 Telephone: (819) 997-3325 Facsimile: (819) 953-9267 Counsel to the Commissioner of Competition
Commissioner of Competition . Applicant - and -Canadian Waste Services Holdings Inc., Canadian Waste Services Inc. and Waste Management, Inc., Respondents NOTICE OF APPLICATION FOR A CONSENT INTERIM ORDER