Saskatchewan Wheat Pool and JRI - Order granting leave to intervene to the Canadian Wheat Board

Saskatchewan Wheat Pool and JRI - Order granting leave to intervene to the Canadian Wheat Board

Leave to intervene was granted because the CWB demonstrated a direct interest in the anticipated adverse effects of the joint venture on its members regarding terminal tariffs, access to port positions, level of service and costs at primary elevators, and because the Commissioner and respondents consented; the Tribunal imposed tailored conditions to prevent repetitive evidence and to protect confidentiality while permitting focussed participation on the specified Topic.

Citation
2006 Comp Trib 6
Parties
Applicant: Commissioner of Competition; Respondent: Saskatchewan Wheat Pool Inc.; Respondent: James Richardson International Limited; Respondent: 6362681 Canada Ltd.; Respondent: 6362699 Canada Ltd.; Applicant for Leave to Intervene: Canadian Wheat Board
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
6 February 2006
Procedural Posture
Interim Order (mergers) Under the Competition Act / Intervention (leave Granted)
Outcome
Leave to intervene granted to the Canadian Wheat Board on a limited Topic concerning anticipated adverse effects of the Joint Venture on the CWB and its members, subject to conditions.
Legal Topics
Intervention, Joint Venture, Port Terminal Grain Handling, Interim Relief, Access to Terminals, Terminal Tariffs, Service Levels, Costs of Service, Confidentiality in Discovery
Source Language
English
Competition Law Mergers Administrative/tribunal Procedure Intervention Joint Venture Port Terminal Grain Handling Interim Relief Access to Terminals +4 more

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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 Wheat Board

Applicant for Leave to Intervene

Procedural Posture

Interim Order (mergers) Under the Competition Act / Intervention (leave Granted)

Legal Issues

  1. 1 Whether the Canadian Wheat Board has sufficient interest to warrant leave to intervene
  2. 2 Scope and limits of intervention (evidence, discovery, cross-examination, expert evidence)
  3. 3 Balancing need for CWB participation against confidentiality and duplication concerns

Ratio Decidendi

Leave to intervene was granted because the CWB demonstrated a direct interest in the anticipated adverse effects of the joint venture on its members regarding terminal tariffs, access to port positions, level of service and costs at primary elevators, and because the Commissioner and respondents consented; the Tribunal imposed tailored conditions to prevent repetitive evidence and to protect confidentiality while permitting focussed participation on the specified Topic.

Court Disposition

Leave to intervene granted to the Canadian Wheat Board on a limited Topic concerning anticipated adverse effects of the Joint Venture on the CWB and its members, subject to conditions.

Orders

  • CWB granted leave to intervene on the Topic defined as any adverse effects anticipated to result from the Joint Venture on the CWB or its members including terminal tariffs at the Port of Vancouver, access to port positions, level of service at the Port of Vancouver, and costs of service at primary grain elevators.
  • CWB may review discovery transcripts and productions subject to confidentiality orders but shall not participate in the discovery process nor attend discoveries.