THE COMPETITION TRIBUNAL
IN THE MATTER OF an application by the Director of Investigation and Research under subsection 64(1) of the Competition Act, R.S.C. 1970, c. C-23, as amended;
AND IN THE MATTER OF a Limited Partnership formed to combine the operations of the Reservec and Pegasus computer reservation systems;
AND IN THE MATTER OF The Gemini Group Automated Distribution Systems Inc.; AND IN THE MATTER OF an application by the Director of Investigation and Research under section 106 of the Competition Act, R.S.C. 1985, c. C-34. as amended, to vary the Consent Order of the Tribunal dated July 7, 1989;
AND IN THE MA TIER OF an application by PWA Corporation and Canadian Airlines International Ltd. under section 106(b) of the Competition Act, R.S.C. 1985, c. C-34, as amended, to vary the Order Varying Consent Order dated July 7, 1989 of the Competition Tribunal issued on November 24, 1993.
THE DIRECTOR OF INVESTIGATION AND RESEARCH Applicant - and -
AIR CANADA PWA CORPORATION CANADIAN AIRLINES INTERNATIONAL LTD. THE GEMINI GROUP LIMITED PARTNERSIDP GEMINI GROUP AUTOMATED DISTRIBUTION SYSTEMS INC. CO VIA CANADA CORP. COVIA CANADA PARTNERSIDP CORP.
r Respondents ~ - and p QCT 20 1994 o ONSUMERS' ASSOCIATION OF CANADA AMERICAN AIRLINES, INC. ATTORNEY GENERAL OF MANITOBA • ~~-~ ~ CE OF CANADIAN TRAVEL ASSOCIATIONS ---------- BIOS COMPUTING CORPORATION IBM CANADA LTD. VIA RAIL CANADA INC. UNISYS CANADA INC. COUNCIL OF CANADIAN AIRLINES EMPLOYEES ATTORNEY GENERAL OF ALBERTA
Intervenors NOTICE OF APPLICATION FOR CONSENT ORDER VARYING ORDER ISSUED NOVEMBER 24, 1993
CT - 88/1
- 2 -TAKE NOTICE that the Respondents PW A Corporation and Canadian Airlines International Ltd. hereby apply for an order:
1. Varying the Order varymg Consent Order dated July 7, 1989 of the Competition Tribunal issued on November 24, 1993 to add the following paragraph:
13. Air Canada shall be directly responsible for completion of the transfer to Canadian or as Canadian may direct of all the services, supports and benefits to which Canadian is entitled under the provisions of the Hosting Contract and of the Canadian Database, including all steps and matters necessary or incidental thereto to allow the hosting of Canadian to operate in live production use after the transfer, on a basis equal to the current responsibility of the General Partner and of the Partnership hereunder but without deleting or lessening the current responsibility of the General Partner or the Partnership hereunder.
2. Directing that the provisions of the Competition Tribunal Rules relating to an application which ordinarily apply shall be dispensed with pursuant to section 49 of the Competition Tribunal Rules;
3. Directing that the application shall be disposed of without personal appearance of the parties or intervenors pursuant to section 69 of the Rules; and
4. Directing that notice of this application and the supporting materials filed therewith shall have been served on the parties and intervenors who participated in the application brought by the Director of Investigation and Research on November 5, 1992 to vary the Consent Order of the Competition Tribunal dated July 7, 1989 and that service by facsimile on their respective counsel at the address and fax numbers used in that application shall be good and sufficient.
- 3 -AND FURTHER TAKE NOTICE that this application is brought pursuant to section 106(b) of the Competition Act, R.S.C. 1985, c. 19 (2nd Supp) as amended, and Rules 49 and 69 of the Competition Tribunal Rules.
AND FURTHER TAKE NOTICE that the grounds upon which the application is sought are that the Director and the Respondents have consented to the granting of the within order.
AND FURTHER TAKE NOTICE that reference may be made to the Affidavit of Kenneth John Fredeen, filed herewith, and the consents to the granting of the proposed draft order, filed herewith.
AND FURTHER TAKE NOTICE that this Applicant has requested that pnor to considering this application that the Competition Tribunal allow a period of 10 days following service of this application upon the intervenors, during which period any intervenor who wishes to comment on the application may file same with the Competition Tribunal and serve a copy on the parties hereto.
~ DATED at Ottawa, Ontario this ~ day of October, 1994. r Jo'Aru?e'~ - ~ BENNETT JONES VERCHERE Barristers and Solicitors 4500 Bankers Hall East 855 - 2nd Street S.W. CALGARY, Alberta T2P 4K7
Phone: ( 403) 298-3224 Fax: (403) 265-7219 Counsel to PWA Corporation and Canadian Airlines International Ltd.
TO: THE REGISTRAR OF THE COMPETITION TRIBUNAL
- 4 -AND TO: DIRECTOR OF INVESTIGATION AND RESEARCH CONSUMER AND CORPORAT E AFFAIRS Department of Justice Legal Services Branch Place du Portage, Phase 1 50 Victoria Street Hull, Quebec KlA OC9
John Tyhurst Phone: (819) 997-3325 Fax: (819) 953-9267 Solicitor for the Applicant, The Director of Investigation and Research
McMILLAN BINCH Barristers and Solicitors 3 800 South Tower Royal Bank Plaza Toronto, Ontario M5J 217
John A. Kazanjian Phone: ( 416) 865-7000 Fax: ( 416) 865-7048 Solicitors for the Respondent, Air Canada
OSLER, HOSKIN & HARCOURT Barristers and Solicitors 1500, 50 O'Connor Street Ottawa, Ontario KlP 6L2
Michael L. Phelan Phone: (613) 787-1017 Fax: (613) 235-2867 Solicitors for the Respondents, The Gemini Group Limited Partnership and The Gemini Group Automated Distribution Systems Inc.
- 5 -GOWLING, STRATHY & HENDERSON Barristers and Solicitors 2600, 160 Elgin Street Box 466, Station A Ottawa, Ontario KIN 8S3
Robert M. Nelson Phone: (613) 232-1781 Fax: (613) 563-9869 Solicitors for the Respondents, Covia Canada Corp. and Covia Canada Partnership Corp.
MCCARTHY TETRAULT Barristers and Solicitors 4700 Toronto-Dominion Bank Tower Toronto-Dominion Centre Toronto, Ontario M5K 1E6
Colin Campbell, Q.C. Phone: (416) 601-7868 Fax: (4 16) 868-1792 Solicitors for American Airlines Inc. (Intervenor) SMITH, LYONS, TORRANCE, STEVENSON & MA YER Barristers and Solicitors 6200 Scotia Plaza 40 King Street West Toronto, Ontario M5H 3Z7
Bruce M. Graham Phone: (416) 369-7200 Fax: (416) 369-7250 Solicitors for Council of Canadian Airlines Employees (Intervenor)
- 6 -KELLY AFFLECK GREENE Barristers and Solicitors P. 0. Box 489, Suite 840 One First Canadian Place Toronto, Ontario M5X 1E5
Donald S. Affleck, Q.C. Phone: (416) 360-2900 Fax: (416) 360-5960 Solicitors for IBM Canada Ltd. (Intervenor) VIA RAIL CANADA INC. (Intervenor) 2 Place Ville-Marie Suite 600 Montreal, Quebec H3B 4A7
Mona Beauchemin Phone: (514) 871-6182 Fax: (514) 874-0661 CASSELS, BROCK & BLACKWELL Barristers and Solicitors Suite 2100, Scotia Plaza Toronto, Ontario M5H 3C2
S. John Page Phone: (416) 869-5300 Fax: (416) 360-8877 Solicitors for Unisys Canada Inc. (Intervenor) CONSUMERS' ASSOCIATION OF CANADA (Intervenor) 307 Gilmour Street Ottawa, Ontario K2P OP7
Rosalie Daly Todd Phone: (613) 238-2533 Fax: (613) 563-2254
- 7 -DEPARTMENT OF JUSTICE 7th Floor 405 Broadway Winnipeg, Manitoba R3C 3L6
Neville D. Shende Phone: (204) 945-2837 Fax: (204) 948-2041 Solicitors for the Attorney General of Manitoba (Intervenor) HEIFETZ, CROZIER & SCHELEW Barristers and Solicitors Suite 704 55 University Avenue Toronto, Ontario M5J 2H7
Douglas Crozier Phone: (416) 863-1717 Fax: (416) 368-3133 Solicitors for the Alliance of Canadian Travel Associations (Intervenor) ALBERTA TRANSPORTATION LAW OFFICE 4999 - 98 Avenue Edmonton, Alberta T6B 2X3
J.W. McFadzen Phone: (403) 427-2097 Fax: (4 03) 422-2664 Solicitors for the Attorney General of Alberta (Intervenor)