Morgan - La-Z-Boy - Order setting a date for filing of application under section 75 of the Competition Act

Morgan - La-Z-Boy - Order setting a date for filing of application under section 75 of the Competition Act

The Tribunal ordered procedural deadlines: the applicant must file its section 75 application within 30 days of the order; the respondent must file a response within 30 days after service pursuant to the Practice Directions; and the registry shall set a case management conference after the response period, thereby establishing the required timetable to progress the substantive proceeding under the Tribunal's powers and Practice Directions.

Citation
2004 Comp Trib 7
Parties
Applicant: Allan Morgan and Sons Ltd.; Respondent: La-Z-Boy Canada Ltd.
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
9 July 2004
Procedural Posture
Leave to Make Application Under Section 103.1 (application Under Section 75) / Post Leave Procedural Order Setting Filing Deadline
Outcome
Order setting filing and response deadlines for application under section 75 of the Competition Act
Legal Topics
Refusal to Deal, Section 75 Application, Leave to Make Application Under S.103.1, Practice Directions and Procedural Deadlines
Source Language
English
Competition Law Administrative Law Refusal to Deal Section 75 Application Leave to Make Application Under S.103.1 Practice Directions and Procedural Deadlines

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Parties

Allan Morgan and Sons Ltd.

Applicant

La-Z-Boy Canada Ltd.

Respondent

Procedural Posture

Leave to Make Application Under Section 103.1 (application Under Section 75) / Post Leave Procedural Order Setting Filing Deadline

Legal Issues

  1. 1 Whether leave pursuant to s.103.1(1) had been granted and a timetable should be set for filing an application under s.75 of the Competition Act
  2. 2 Appropriate procedural deadlines and case management steps under s.103.1(8) of the Act and the Tribunal's Practice Directions

Ratio Decidendi

The Tribunal ordered procedural deadlines: the applicant must file its section 75 application within 30 days of the order; the respondent must file a response within 30 days after service pursuant to the Practice Directions; and the registry shall set a case management conference after the response period, thereby establishing the required timetable to progress the substantive proceeding under the Tribunal's powers and Practice Directions.

Court Disposition

Order setting filing and response deadlines for application under section 75 of the Competition Act

Orders

  • Applicant to file its application under section 75 of the Competition Act within 30 days of the date of this order.
  • Respondent to file a response within 30 days after service of the application pursuant to subsection 113(1) of the Practice Directions.