Rona - Order regarding the amended motion filed by the Commissioner of Competition on December 31, 2004 (public version - professional English translation not revised)

Rona - Order regarding the amended motion filed by the Commissioner of Competition on December 31, 2004 (public version - professional English translation not revised)

Because the parties consented and the Tribunal concluded it had jurisdiction under s.106 to vary the consent agreement, the Tribunal extended the trustee's period to complete the sale according to the terms specified and ordered RONA to provide weekly inventory reports to the trustee with defined confidentiality limits.

Citation
2005 Comp Trib 1
Parties
Moving Party: Commissioner of Competition; Responding Party: RONA INC.; Third Party: Ernst & Young Orenda Corporate Finance Inc.
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
6 January 2005
Procedural Posture
Variation of Consent Agreement (s.106); Registered Consent Agreement (mergers) / Amended Motion Heard by Conference Call; Interim Order
Outcome
Motion granted by consent in part; interim order made extending sale period and imposing reporting and confidentiality obligations.
Legal Topics
Divestiture, Consent Agreement Variation, Judicial Extension of Sale Period, Orders for Disclosure of Information
Source Language
English
Competition Law Mergers Regulatory Enforcement Divestiture Consent Agreement Variation Judicial Extension of Sale Period Orders for Disclosure of Information

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Parties

Commissioner of Competition

Moving Party

RONA INC.

Responding Party

Ernst & Young Orenda Corporate Finance Inc.

Third Party

Procedural Posture

Variation of Consent Agreement (s.106); Registered Consent Agreement (mergers) / Amended Motion Heard by Conference Call; Interim Order

Legal Issues

  1. 1 Whether to extend the period during which the trustee may complete the divestiture sale to give effect to the September 4, 2003 divestiture order and restore competition in the Sherbrooke retail market for hardware/renovation products
  2. 2 Whether to order RONA to provide weekly inventory reports to the trustee and limit disclosure of such reports

Ratio Decidendi

Because the parties consented and the Tribunal concluded it had jurisdiction under s.106 to vary the consent agreement, the Tribunal extended the trustee's period to complete the sale according to the terms specified and ordered RONA to provide weekly inventory reports to the trustee with defined confidentiality limits.

Court Disposition

Motion granted by consent in part; interim order made extending sale period and imposing reporting and confidentiality obligations.

Orders

  • Extend the period during which the trustee may complete the sale as specified: (a) [CONFIDENTIAL], 14 days following the expiry of the period within which RONA may object; or (b) if RONA objects [CONFIDENTIAL], up to and including the 14th day following the Tribunal's order requiring RONA to complete the divestiture.
  • RONA shall, by consent, send the trustee weekly inventory reports relating to the Réno-Dépôt at 600 Jean-Paul Perreault, which may be sent to [CONFIDENTIAL] provided the trustee also sends any additional correspondence from RONA on [CONFIDENTIAL]'s request; the trustee shall not otherwise disclose the inventory...