Ultramar - Order regarding motion of Democracy Watch Inc.

Ultramar - Order regarding motion of Democracy Watch Inc.

The motion by Democracy Watch Inc. was dismissed because it failed to meet section 38 procedural requirements, Democracy Watch was not a party and did not demonstrate it would be affected by the consent order, and section 84 of the Rules does not permit additional comments beyond those it contemplates absent extraordinary circumstances.

Citation
2000 Comp Trib 3
Parties
Applicant: Commissioner of Competition; Respondent: Ultramar Ltd.; Movant: Democracy Watch Inc.
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
5 April 2000
Procedural Posture
Registered Consent Agreement (mergers) / Order on Motion Regarding Authorization to File Response (motion Dismissed)
Outcome
Motion dismissed
Legal Topics
Consent Orders, Standing to Comment, Motions, Tribunal Rules
Source Language
English
Competition Law Mergers Administrative Procedure Consent Orders Standing to Comment Motions Tribunal Rules

Case Brief

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Parties

Commissioner of Competition

Applicant

Ultramar Ltd.

Respondent

Democracy Watch Inc.

Movant

Procedural Posture

Registered Consent Agreement (mergers) / Order on Motion Regarding Authorization to File Response (motion Dismissed)

Legal Issues

  1. 1 Whether a non‑party may be authorized to file a response to parties' replies
  2. 2 Whether the motion complied with section 38 of the Competition Tribunal Rules
  3. 3 Whether section 84 permits additional filings beyond those it authorizes absent extraordinary circumstances

Ratio Decidendi

The motion by Democracy Watch Inc. was dismissed because it failed to meet section 38 procedural requirements, Democracy Watch was not a party and did not demonstrate it would be affected by the consent order, and section 84 of the Rules does not permit additional comments beyond those it contemplates absent extraordinary circumstances.

Court Disposition

Motion dismissed

Orders

  • The motion filed by Democracy Watch Inc. is dismissed.