Bayer - Scheduling Order

Bayer - Scheduling Order

On consultation with the parties and pursuant to its rules and statutory powers under the Competition Act, the Tribunal exercised its case management authority to impose specific deadlines for intervention requests and filings and to fix the hearing date or a pre-hearing conference date so that the matter can proceed in an orderly manner.

Citation
2002 Comp Trib 26
Parties
Applicant: Commissioner of Competition; Respondent: Bayer AG; Respondent: Aventis CropScience Holding S.A.
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
6 June 2002
Procedural Posture
Merger — Interim/procedural Order / Scheduling / Pre Hearing
Outcome
Scheduling order issued setting deadlines for interventions, replies and fixing hearing or pre-hearing conference dates.
Legal Topics
Interim Order, Registered Consent Agreement, Intervention, Scheduling, Procedure, Section 104, Section 105, Section 92
Source Language
English
Competition Law Mergers and Acquisitions Administrative Law Interim Order Registered Consent Agreement Intervention Scheduling Procedure +3 more

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Parties

Commissioner of Competition

Applicant

Bayer AG

Respondent

Aventis CropScience Holding S.A.

Respondent

Procedural Posture

Merger — Interim/procedural Order / Scheduling / Pre Hearing

Legal Issues

  1. 1 Whether to issue an interim order under s.104 of the Competition Act
  2. 2 Procedure for registered consent agreement under s.105 and orders under s.92
  3. 3 Whether to permit and schedule requests for leave to intervene

Ratio Decidendi

On consultation with the parties and pursuant to its rules and statutory powers under the Competition Act, the Tribunal exercised its case management authority to impose specific deadlines for intervention requests and filings and to fix the hearing date or a pre-hearing conference date so that the matter can proceed in an orderly manner.

Court Disposition

Scheduling order issued setting deadlines for interventions, replies and fixing hearing or pre-hearing conference dates.

Orders

  • Any comments and requests for leave to intervene shall be filed by July 8, 2002.
  • The Commissioner shall, and the respondent may, serve and file replies to any comments and responses to any requests for leave to intervene by July 22, 2002.