Audatex Canada, ULC v. CarProof Corporation et al. - Reasons for Order and Order on filing of affidavit of evidence in response to application for leave

Audatex Canada, ULC v. CarProof Corporation et al. - Reasons for Order and Order on filing of affidavit of evidence in response to application for leave

The Tribunal exercised its discretion under Rule 119(3) and granted leave to CarProof and Marktplaats to file limited affidavit evidence because each demonstrated that the proposed affidavits address discrete, specific issues directly relevant to the s.103.1 screening function (alternative sources of data, proprietary/confidential nature of data, terms of trade and the CarProof–Marktplaats licensing agreement, and Audatex's alleged unwillingness to meet terms); broader evidence (history of dealings; other steps Audatex could have taken) was denied as it would be wide-ranging and inconsistent with the summary nature of leave proceedings.

Citation
2015 Comp Trib 13
Parties
Applicant: Audatex Canada, ULC; Respondent: CarProof Corporation; Respondent: Trader Corporation; Respondent: eBay Canada Limited
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
29 October 2015
Procedural Posture
Leave to Make Application Under Section 103.1 of the Competition Act (refusal to Deal Under S.75) / Decision on Requests for Leave to File Affidavit Evidence in Response to Application for Leave; Reasons and Order (october 29, 2015)
Outcome
Granted in part: leave granted to CarProof Corporation and Marktplaats B.V. to file affidavit evidence in response to Audatex's application for leave, limited to specified discrete issues; broader requests denied; no costs ordered.
Legal Topics
Refusal to Deal, Leave to Bring Application Under S.103.1, Affidavit Evidence, Tribunal Rules Rule 119(3), Screening Function
Source Language
English
Competition Law Administrative Law Civil Procedure Refusal to Deal Leave to Bring Application Under S.103.1 Affidavit Evidence Tribunal Rules Rule 119(3) Screening Function

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Parties

Audatex Canada, ULC

Applicant

CarProof Corporation

Respondent

Trader Corporation

Respondent

eBay Canada Limited

Respondent

Procedural Posture

Leave to Make Application Under Section 103.1 of the Competition Act (refusal to Deal Under S.75) / Decision on Requests for Leave to File Affidavit Evidence in Response to Application for Leave; Reasons and Order (october 29, 2015)

Legal Issues

  1. 1 Whether respondents may file affidavit evidence with written representations in response to an application for leave under Rule 119(3)
  2. 2 Scope of admissible evidence at the leave stage (summary screening vs full evidentiary record)
  3. 3 Whether CarProof and Marktplaats should be permitted to file affidavits on specified discrete issues

Ratio Decidendi

The Tribunal exercised its discretion under Rule 119(3) and granted leave to CarProof and Marktplaats to file limited affidavit evidence because each demonstrated that the proposed affidavits address discrete, specific issues directly relevant to the s.103.1 screening function (alternative sources of data, proprietary/confidential nature of data, terms of trade and the CarProof–Marktplaats licensing agreement, and Audatex's alleged unwillingness to meet terms); broader evidence (history of dealings; other steps Audatex could have taken) was denied as it would be wide-ranging and inconsistent with the summary nature of leave proceedings.

Court Disposition

Granted in part: leave granted to CarProof Corporation and Marktplaats B.V. to file affidavit evidence in response to Audatex's application for leave, limited to specified discrete issues; broader requests denied; no costs ordered.

Orders

  • Leave granted to CarProof Corporation to file affidavit evidence limited to: the alternative sources of data available to Audatex within the industry; the proprietary and confidential nature of the data Audatex seeks to license; and the terms on which CarProof has made the data available to Audatex and Audatex's...
  • Leave granted to Marktplaats B.V. to file affidavit evidence limited to: the confidential and proprietary nature of the data Audatex is seeking to license from Marktplaats; and the data licensing agreement between CarProof and Marktplaats.