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Competition Tribunal |
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Tribunal de la Concurrence |
Citation: Commissioner of Competition v Commissioner of Competition v Doordash Inc. and Doordash Technologies Canada, Inc., 2025 Comp Trib 16
File No.: CT-2025-002
Registry Document No.: 12
IN THE MATTER OF the Competition Act, RSC 1985, c C-34 as amended;
AND IN THE MATTER OF an application by the Commissioner of Competition for one or more orders pursuant to section 74.1 of the Competition Act regarding conduct reviewable pursuant to paragraph 74.01(1)(a), subsection 74.01(1.1), and section 74.011 of the Competition Act;
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BETWEEN: Commissioner of Competition (applicant) and Doordash Inc. and Doordash Technologies Canada, Inc. (respondents) |
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Date of case management conference: August 28, 2025
Before: Mr. Justice D. Gascon (Presiding Member)
Date of order: September 2, 2025
SCHEDULING ORDER
[1] FURTHER TO an application filed by the Commissioner of Competition (the “Applicant”) on June 9, 2025, against Doordash Inc. and Doordash Technologies Canada, Inc. (the “Respondents”; collectively, the “Parties”), for an order pursuant to section 74.1 of the Competition Act, RSC, c C-34, as amended (the “Application”);
[2] AND CONSIDERING the Tribunal’s Practice Direction Regarding Timelines and Scheduling for Proceedings before the Tribunal (the “Timelines Direction”);
[3] AND CONSIDERING the Parties’ proposed joint schedule dated August 7, 2025, for the pre-hearing steps and the hearing of the Application; the discussions that took place during a Case Management Conference held on August 28, 2025; and the Parties’ revised joint schedule dated August 29, 2025;
[4] AND BEING SATISFIED that the schedule in this Order is appropriate and respects the principles found in subsection 9(2) of the Competition Tribunal Act, RSC 1985, c 19 (2nd supp), which direct the Tribunal to deal with all matters as informally and expeditiously as the circumstances and considerations of fairness permit, as well as the Timelines Direction;
THE TRIBUNAL ORDERS THAT:
[5] The schedule for the discovery and pre-hearing disclosure steps of the Application shall be as follows:
Friday, November 21, 2025 Service of Affidavits of Documents and delivery of documents by both Parties
Friday, December 12, 2025 Deadline for filing any motions arising from Affidavits of
Documents and/or productions, including motions challenging claims of privilege
Thursday, December 18, 2025 Hearing of any motions arising from Affidavits of
Documents, productions and/or claims of privilege
Friday, January 23, 2026 Deadline for delivery of any additional productions resulting from any Affidavits of Documents, productions and/or claims of privilege motions
Tuesday, February 10, 2026 – Examinations for discovery according to a schedule to be
Friday, February 13, 2026 settled between counsel
Counsel for each Party shall have a maximum of two (2) days to conduct oral examination for discovery of a representative of the other Party
The Tribunal will have a judicial member available on dates and at times to be agreed to with counsel for the Parties to rule on objections arising during the examinations for discovery
Friday, March 6, 2026 Deadline for fulfilling answers to discovery undertakings
Friday, March 13, 2026 Deadline for filing any motions arising from examinations for discovery, answers to undertakings or refusals
Friday, March 20, 2026 Deadline for Parties to exchange Mediation Briefs and to deliver them to the Mediator via the Tribunal Registry
Tuesday, March 24, 2026 Hearing of any motions arising from examinations for discovery, answers to undertakings or refusals
Wednesday, March 25, 2026 Mediation
Tuesday, April 7, 2026 Last day for follow-up examinations for discovery arising from undertakings given
Monday, April 13, 2026 Deadline to serve and file any Requests to Admit
Monday, April 20, 2026 Deadline to serve responses to any Requests to Admit
Tuesday, June 2, 2026 Applicant to serve documents relied upon and witness statements
Applicant to serve and file expert report(s), if any
Witness statements and experts report(s) to include confidentiality designations; confidentiality designations shall be supported by affidavit evidence justifying confidentiality designations, and the affidavit evidence shall be filed with the Tribunal
Tuesday, July 28, 2026 Respondents to serve documents relied upon and witness
statements
Respondents to serve and file expert report(s), if any
Witness statements and expert report(s) to include confidentiality designations; confidentiality designations shall be supported by affidavit evidence justifying confidentiality designations, and the affidavit evidence shall be filed with the Tribunal
Monday, August 24, 2026 Applicant to serve reply documents relied upon and reply
witness statements
Applicant to serve and file reply expert report(s), if any
Reply witness statements and expert report(s) to include confidentiality designations; confidentiality designations shall be supported by affidavit evidence justifying confidentiality designations, and the affidavit evidence shall be filed with the Tribunal
Applicant to serve list of documents proposed to be admitted without proof, if any
Friday, August 28, 2026 Parties to exchange proposed Agreed Statements of Fact, if any
Friday, September 4, 2026 Deadline for filing any motions related to the evidence
(documents relied upon, witness statements, expert reports, and confidentiality designations)
Deadline to provide witness statements to the Tribunal
Deadline for the Tribunal to indicate its concerns, if any, with the Parties’ proposed confidentiality designations
Thursday, September 10, 2026 Deadline to provide documents to the Tribunal for use at the hearing (e.g., Agreed Books of Documents and Joint Briefs of Authorities), including read-ins from examinations for discovery
Deadline for delivering Agreed Statement of Facts
Tuesday, September 15, 2026 – Hearing of any motions related to the evidence (documents
Wednesday, September 16, 2026 relied upon, witness statements, expert reports, and confidentiality designations)
If needed, the Tribunal will also hear the Parties’ submissions on any concerns raised about their respective proposed confidentiality designations to determine whether they should be maintained
Friday, September 18, 2026 Pre-hearing case management conference (if required);
or Monday, October 5, 2026
[6] Unless the parties and the Tribunal agree otherwise, the Tribunal shall hear all motions virtually;
[7] The evidentiary portion of the hearing of the Application shall commence at 10:00 am on Tuesday, October 13, 2026, and shall be held in-person in Ottawa, Ontario, at a location to be determined. The schedule shall be as follows:
Tuesday, October 13, 2026 – First week of hearing (4 days)
Friday, October 16, 2026
Monday, October 19, 2026 – Second week of hearing (5 days)
Friday, October 23, 2026
[8] Parties will serve and file written argument as directed by the Tribunal (but no later than noon on Friday, October 30, 2026). The Tribunal will hear oral argument on Monday, November 2 and Tuesday, November 3, 2026, in person, in Ottawa, Ontario.
DATED at Ottawa this 2nd day of September 2025.
SIGNED on behalf of the Tribunal by the Presiding Member.
(s) Denis Gascon
COUNSEL OF RECORD:
For the applicant:
Commissioner of Competition
Ellé Nekiar
Jasveen Puri
For the respondents:
Doordash Inc. and Doordash Technologies Canada, Inc.
Randall Hofley
Josh Hutchison
Joe McGrade