United Grain (2002) - Reasons and Order delivered orally on the motion of United Grain Growers Ltd for an interpretation of the consent agreement Order delivered orally dismissing the Commissioner's motion for a show cause hearing (public version)

United Grain (2002) - Reasons and Order delivered orally on the motion of United Grain Growers Ltd for an interpretation of the consent agreement Order delivered orally dismissing the Commissioner's motion for a show cause hearing (public version)

The Tribunal held that the Commissioner's notice must be amended: it must state the inspection purpose as to determine compliance, specify the inspection periods (Pacific Terminal: Oct 17, 2002 to May 12, 2006; UGG Terminal: Oct 17, 2002 to date of inspection), and list each Consent Agreement obligation with specific categories of documents to be inspected; further, Agricore's application for interpretation under paragraph 50 temporarily relieves it from complying with the original Notice and the Commissioner's show cause motion is dismissed.

Citation
2006 Comp Trib 33
Parties
Moving Party: United Grain Growers Limited; Responding Party: Commissioner of Competition
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
7 September 2006
Procedural Posture
Rescission or Variation of Consent Agreement or Order (mergers) / Motion for Interpretation and Show Cause Hearing
Outcome
Agricore's motion for interpretation granted in part; Commissioner's motion for a show cause hearing dismissed.
Legal Topics
Consent Agreement, Inspection Rights, Divestiture, Trustee Sale, Show Cause Hearing, Paragraph 50 Interpretation
Source Language
English
Competition Law Mergers Contract Interpretation Administrative Law Consent Agreement Inspection Rights Divestiture Trustee Sale +2 more

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Parties

United Grain Growers Limited

Moving Party

Commissioner of Competition

Responding Party

Procedural Posture

Rescission or Variation of Consent Agreement or Order (mergers) / Motion for Interpretation and Show Cause Hearing

Legal Issues

  1. 1 Whether the Commissioner must state the purpose (determine or secure) of an inspection in the notice
  2. 2 Whether the inspection is limited to documents reflecting compliance at the date of inspection or covers the life of the Consent Agreement
  3. 3 Whether the inspection is confined to documents relating only to the UGG Terminal after the trustee acquired divestiture rights

Ratio Decidendi

The Tribunal held that the Commissioner's notice must be amended: it must state the inspection purpose as to determine compliance, specify the inspection periods (Pacific Terminal: Oct 17, 2002 to May 12, 2006; UGG Terminal: Oct 17, 2002 to date of inspection), and list each Consent Agreement obligation with specific categories of documents to be inspected; further, Agricore's application for interpretation under paragraph 50 temporarily relieves it from complying with the original Notice and the Commissioner's show cause motion is dismissed.

Court Disposition

Agricore's motion for interpretation granted in part; Commissioner's motion for a show cause hearing dismissed.

Orders

  • The Commissioner's Notice of August 23, 2006 must be amended and re‑served with a new date
  • The amended Notice must specify that the purpose of the inspection is to determine compliance