Rona - Order amending the registered consent dated September 4, 2003 concerning the transaction between Réno-Dépot inc. et Rona Inc. (professional English translation)

Rona - Order amending the registered consent dated September 4, 2003 concerning the transaction between Réno-Dépot inc. et Rona Inc. (professional English translation) Collection Case Documents Date Filed 2004-10-04 Neutral citation 2004 Comp Trib 26 File Number CT-2003-007 Document Type Decisions Type of Application Registered Consent Agreement (Interim Order where no Application under Section 92) Registered Consent Agreement (Mergers) Rescission or Variation of Consent Agreement or Order Section(s) of the Competition Act ss. 105 (92); ss. 105 (100); s. 106 Proceeding Number 5c Decision Content Competition Tribunal Tribunal de la Concurrence PUBLIC VERSION Citation: Commissioner of Competition v. RONA INC., 2004 Comp. Trib. 26 File no.: CT-2003/007 Registry document no.: 005c IN THE MATTER OF the Competition Act, R.S.C. 1985, c. C-34, as amended; AND IN THE MATTER OF the acquisition of Réno-Dépôt Inc. by RONA Inc.; AND IN THE MATTER OF the motion for amendment of the consent pursuant to subsection 106(1) of the Competition Act. BETWEEN: COMMISSIONER OF COMPETITION (Applicant) and RONA INC. (Respondent) Decided on the basis of the written record. Member: Lemieux J. Date of order: October 4, 2004 Order signed by: Lemieux J. ORDER AMENDING THE REGISTERED CONSENT DATED SEPTEMBER 4, 2003, IN RELATION TO THE TRANSACTION BETWEEN RÉNO-DÉPÔT INC. AND RONA INC. [1] Further to the application by the Commissioner of Competition (the “Commissioner”) pursuant to subsection 106(1) of the Competition Act, R.S.C. 1985 c. C-34, as amended (the “Act”), for an order amending the Consent Agreement concluded between the Commissioner and RONA Inc. (“Rona”) in relation to the transaction for the acquisition of Réno-Dépôt Inc. by Rona, registered on September 4, 2003, pursuant to section 105 of the Act (the “Consent Agreement”); [2] On considering that the Commissioner and Rona consent to the amendments to be made to the Consent Agreement in order to extend the period within which the trustee can achieve the sale by trustee; [3] On considering subsection 106(1) of the Act which provides that a consent agreement can only be amended by an order of the Competition Tribunal (the “Tribunal”); [4] And on considering that the parties, through their respective counsel, consented to this application for amendment and to the making of this order by the Tribunal; [5] Being satisfied that this order should be made in this case; THE TRIBUNAL ORDERS AS FOLLOWS: [6] The Consent is amended by replacing paragraph 5(e) with the following: (a) The trustee shall use reasonable best efforts to achieve the sale by trustee before [CONFIDENTIAL]. However, if, prior to the expiry of this period, the trustee has received from a prospective buyer a formal offer or other written expression of intention to purchase the Sherbrooke Business, which the trustee has accepted, the time for effecting the Divestiture shall be extended by a period that is reasonable in the circumstances (ending no later than [CONFIDENTIAL]) within which time the Divestiture shall be completed. [7] The other terms of the Consent Amendment remain unchanged. DATED at Ottawa, the 4th day of October 2004. SIGNED on behalf of the Tribunal by the judicial member. (s) François Lemieux APPEARANCES For the applicant: The Commissioner of Competition André Brantz Duane Schippers For the respondent: RONA Inc. Denis Gascon