London Drugs v. Givenchy - Order dealing with discovery and setting the hearing date for the leave application

London Drugs v. Givenchy - Order dealing with discovery and setting the hearing date for the leave application Collection Case Documents Date Filed 2007-04-25 Neutral citation 2007 Comp Trib 10 File Number CT-2007-002 Document Type Decisions Type of Application Leave to Make Application Section(s) of the Competition Act Section 103.1 - Leave to make an application under section 74.1, 75, 76, 77, 79 or 90.1 Proceeding Number 20 Decision Content Competition Tribunal Tribunal de la Concurrence Reference: London Drugs Limited v. Parfums Givenchy Canada Ltd., 2007 Comp. Trib. 10 File No.: CT-2007-002 Registry Document No.: 0020 IN THE MATTER OF the Competition Act, R.S.C. 1985, c. C-34, as amended; AND IN THE MATTER OF an application by London Drugs Limited for an order pursuant to section 103.1 of the Competition Act for leave to make an application under section 75 of the Competition Act. B E T W E E N : London Drugs Limited (applicant) and Parfums Givenchy Canada Ltd. (respondent) Date of conference call: 20070424 Presiding Judicial Member: Simpson J. (Chair) Date of Order: April 25, 2007 Order signed by: Madam Justice S. Simpson ORDER DEALING WITH DISCOVERY AND SETTING THE HEARING DATE FOR THE LEAVE APPLICATION [1] WHEREAS London Drugs Limited has applied under section 103.1 of the Competition Act for leave to commence an application for a supply order based on the Respondent's refusal to supply Givenchy products; [2] AND UPON the Respondent's request for further disclosure, following discovery, on the following questions: (A) Is it correct that the H.Y. Louie Group of companies, of which London Drugs Limited is part, also includes: IGA Grocery Stores MarketPlace Stores Cash and Carry Stores TLD Information Technology London Air Services, and Sonora Resort. (B) Provide the total revenues for the cosmetics and beauty department of London Drugs Limited for each of the calendar years 2005 and 2006. (C) Provide the exact percentage that Givenchy products represent of the total revenues for the cosmetics and beauty department of London Drugs Limited for each of the calendar years 2005 and 2006. [3] AND UPON the Tribunal determining that London Drugs is the sole applicant and a private, stand alone company and that other businesses owned by the owners of London Drugs have no relevance to the matter in this proceeding; [4] AND UPON the Tribunal determining that the answers to questions (B) and (C) are not germane to the leave application given that percentages have been provided which are sufficient for the purposes of the leave application. THE TRIBUNAL ORDERS THAT: [5] The motion for further disclosure following discovery is dismissed. [6] The date of the hearing of the leave application is set for Wednesday, May 16 th , 2007, at 10 a.m., in the hearing room of the Competition Tribunal in Ottawa. DATED at Ottawa, this 25 th day of April, 2007 SIGNED on behalf of the Tribunal by the Chairperson of the Tribunal. (s) Sandra J. Simpson APPEARANCES: For the applicant: London Drugs Limited Daniel Bennett Christopher Wilson Gwendoline Allison For the respondent: Parfums Givenchy Canada Ltd. Donald Affleck Jennifer Cantwell