Saskatchewan Wheat Pool and JRI - Order rescinding the Scheduling Order of April 30, 2007

Saskatchewan Wheat Pool and JRI - Order rescinding the Scheduling Order of April 30, 2007

The Tribunal rescinded the Scheduling Order because intervening commercial and procedural developments (the consent agreement envisioning termination of the joint venture, AU board recommendation to accept SWP's offer, and JRI's withdrawal of its bid) removed the immediate need for the scheduled hearing, and the...

Source-derived case information.

Citation
2007 Comp Trib 15
Parties
Applicant: Commissioner of Competition; Respondent: Saskatchewan Wheat Pool Inc.; Respondent: James Richardson International Limited; Respondent: 6362681 Canada Ltd.; Respondent: 6362699 Canada Ltd.; Intervenor: Canadian Pacific Railway Company; Intervenor: Canadian National Railway Company; Intervenor: Canadian Wheat Board; Intervenor: Vancouver Port Authority
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
15 May 2007
Procedural Posture
Mergers Interim Order / Scheduling Stage; Order Rescinding Scheduling Order; Matter Held in Abeyance
Outcome
Scheduling Order of April 30, 2007 rescinded; matter held in abeyance pending further information from counsel.
Legal Topics
Interim Order, Joint Venture Dissolution, Scheduling Order, Consent Agreement
Source Language
english
Competition Law Mergers Law Interim Order Joint Venture Dissolution Scheduling Order Consent Agreement

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Summary, issues, holding and outcome

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Parties

Commissioner of Competition

Applicant

Saskatchewan Wheat Pool Inc.

Respondent

James Richardson International Limited

Respondent

6362681 Canada Ltd.

Respondent

6362699 Canada Ltd.

Respondent

Canadian Pacific Railway Company

Intervenor

Canadian National Railway Company

Intervenor

Canadian Wheat Board

Intervenor

Vancouver Port Authority

Intervenor

Procedural Posture

Mergers Interim Order / Scheduling Stage; Order Rescinding Scheduling Order; Matter Held in Abeyance

Legal Issues

  1. 1 Whether the Scheduling Order of April 30, 2007 should be rescinded
  2. 2 Whether the matter should be held in abeyance given the consent agreement and takeover developments
  3. 3 Whether a hearing to dissolve the joint venture remains necessary in light of proposed termination under the consent agreement

Ratio Decidendi

The Tribunal rescinded the Scheduling Order because intervening commercial and procedural developments (the consent agreement envisioning termination of the joint venture, AU board recommendation to accept SWP's offer, and JRI's withdrawal of its bid) removed the immediate need for the scheduled hearing, and the parties supported the rescission; the matter is therefore held in abeyance pending any further steps by counsel.

Court Disposition

Scheduling Order of April 30, 2007 rescinded; matter held in abeyance pending further information from counsel.

Orders

  • The Scheduling Order of April 30, 2007, is hereby rescinded.
  • This matter will be held in abeyance until counsel for the Commissioner, JRI or SWP provides information indicating that further steps are necessary.