Staples, Inc. - Scheduling Order

Staples, Inc. - Scheduling Order

The Tribunal accepted the parties' agreed timetable as appropriate and consistent with the Competition Tribunal Act and ordered the detailed schedule for disclosures, discovery, expert exchanges, mediation and a 24‑day hearing commencing February 6, 2017, with chess clock timing totalling 108 hours.

Citation
2016 Comp Trib 4
Parties
Applicant: Commissioner of Competition; Respondent: Staples, Inc.; Respondent: Staples AMS, Inc.; Respondent: Office Depot, Inc.
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
11 March 2016
Procedural Posture
Application Under S.92 of the Competition Act (merger) / Scheduling Order (pre Hearing / Case Management)
Outcome
Scheduling order issued approving the parties' proposed timetable and fixing pre-hearing deadlines and hearing dates.
Legal Topics
Pre Hearing Scheduling, Section 92 Application, Discovery and Affidavits of Documents, Expert Evidence Deadlines, Use of Chess Clock Timing
Source Language
English
Competition Law Mergers Administrative/tribunal Procedure Pre Hearing Scheduling Section 92 Application Discovery and Affidavits of Documents Expert Evidence Deadlines Use of Chess Clock Timing

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Parties

Commissioner of Competition

Applicant

Staples, Inc.

Respondent

Staples AMS, Inc.

Respondent

Office Depot, Inc.

Respondent

Procedural Posture

Application Under S.92 of the Competition Act (merger) / Scheduling Order (pre Hearing / Case Management)

Legal Issues

  1. 1 Whether the proposed timetable is appropriate and consistent with subsection 9(2) of the Competition Tribunal Act
  2. 2 Setting detailed pre-hearing and hearing schedules for a s.92 merger application
  3. 3 Allocation and procedure for expert reports and discovery

Ratio Decidendi

The Tribunal accepted the parties' agreed timetable as appropriate and consistent with the Competition Tribunal Act and ordered the detailed schedule for disclosures, discovery, expert exchanges, mediation and a 24‑day hearing commencing February 6, 2017, with chess clock timing totalling 108 hours.

Court Disposition

Scheduling order issued approving the parties' proposed timetable and fixing pre-hearing deadlines and hearing dates.

Orders

  • Approve and adopt the agreed timetable for pre-hearing steps as set out in the order.
  • Service of affidavits of documents and delivery of documents by all parties due April 14, 2016.