PUBLIC
Ministère de la Justice Canada
Bureau de la concurrence Services juridiques
Place du Portage, Tour I 22e étage 50 rue Victoria Gatineau QC K1A 0C9
February 15, 2023
Department of Justice Canada
Competition Bureau Legal Services
Place du Portage, Phase I 22nd Floor 50 Victoria Street Gatineau QC K1A 0C9
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Registry Competition Tribunal Thomas D’Arcy McGee Building 90 Sparks Street, 5 th Floor Ottawa, ON K1A 0H9
Re: CT-2021-002 – Commissioner of Competition v. Secure Energy Services Inc.
This is in response to the reply cost submissions of Secure dated February 14, 2023.
The Reply submission from Secure does not impact the Commissioner’s arguments in his cost submissions filed February 10, 2023. Paragraph 7 of the Commissioner’s cost submissions mistakenly used the 10 year undiscounted efficiencies claimed in response to the 104 application. Secure overstated their efficiencies claim by $70 million (or 17%) from the 104 application to the 92 application. In other words, a proper “apples to apples” comparison of Secure’s estimate of efficiencies lost resulting from a full block of the transaction was $399.5 million discounted over 10 years in response to the 104 application and then reduced in the 92 application to $330 million discounted over 10 years if the Tribunal ordered a full block of the transaction.
Regards,
Jonathan Hood Senior Counsel Department of Justice Competition Bureau Legal Services
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