United Grain (2002) - Order on motion by Agricore United for an interpretation of the consent agreement

United Grain (2002) - Order on motion by Agricore United for an interpretation of the consent agreement

The Tribunal determined that the text of the consent Agreement does not confer on Agricore United a right to seek directions from the Tribunal under paragraph 50 in the event the proposed lease would prevent a divestiture required by the Agreement; accordingly the motion was dismissed and costs were awarded to the Commissioner.

Citation
2006 Comp Trib 35
Parties
Applicant/responding Party: The Commissioner of Competition; Respondent/moving Party: Agricore United
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
26 September 2006
Procedural Posture
Rescission or Variation of Consent Agreement or Order (mergers) / Motion for Interpretation Under Paragraph 50 (to Determine Right to Seek Directions); Dismissed
Outcome
Motion dismissed with costs
Legal Topics
Consent Agreement Interpretation, Divestiture, Lease Compliance, Tribunal Jurisdiction
Source Language
English
Competition Law Mergers Administrative Law Consent Agreement Interpretation Divestiture Lease Compliance Tribunal Jurisdiction

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Parties

The Commissioner of Competition

Applicant/responding Party

Agricore United

Respondent/moving Party

Procedural Posture

Rescission or Variation of Consent Agreement or Order (mergers) / Motion for Interpretation Under Paragraph 50 (to Determine Right to Seek Directions); Dismissed

Legal Issues

  1. 1 Whether paragraph 50 of the consent agreement grants Agricore United a right to seek directions from the Tribunal if the proposed lease prevents divestiture in accordance with the agreement
  2. 2 Interpretation of consent agreements and the scope of the Tribunal's remedial powers under the Competition Act

Ratio Decidendi

The Tribunal determined that the text of the consent Agreement does not confer on Agricore United a right to seek directions from the Tribunal under paragraph 50 in the event the proposed lease would prevent a divestiture required by the Agreement; accordingly the motion was dismissed and costs were awarded to the Commissioner.

Court Disposition

Motion dismissed with costs

Orders

  • The Agreement does not provide Agricore United with a right to seek directions from the Tribunal under paragraph 50.
  • The motion is dismissed.