Sears v. Christian Dior - Order setting the March 14, 2007 as date for hearing of application for leave to make an application under section 75 of the Competition Act

Sears v. Christian Dior - Order setting the March 14, 2007 as date for hearing of application for leave to make an application under section 75 of the Competition Act

The Tribunal accepted the respondents' undertaking to continue supply until May 4, 2007 and, with the applicant's non-opposition to an adjournment, ordered that the applicant's leave application under section 103.1 to bring a section 75 application be heard on March 14, 2007 and that any interim order application, if leave is granted, be heard during the week of April 23, 2007.

Citation
2007 Comp Trib 3
Parties
Applicant: Sears Canada Inc.; Respondent: Parfums Christian Dior Canada Inc.; Respondent: Parfums Givenchy Canada Ltd.
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
12 March 2007
Procedural Posture
Leave to Make Application Under Section 75 of the Competition Act / Case Management Conference and Scheduling Order
Outcome
Order setting new hearing date for leave application and scheduling interim hearing window; respondents' undertaking recorded
Legal Topics
Section 75 Leave Application, Interim Relief Under Section 104, Supply Undertakings, Scheduling/adjournment
Source Language
English
Competition Law Administrative Law Civil Procedure Section 75 Leave Application Interim Relief Under Section 104 Supply Undertakings Scheduling/adjournment

Case Brief

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Parties

Sears Canada Inc.

Applicant

Parfums Christian Dior Canada Inc.

Respondent

Parfums Givenchy Canada Ltd.

Respondent

Procedural Posture

Leave to Make Application Under Section 75 of the Competition Act / Case Management Conference and Scheduling Order

Legal Issues

  1. 1 Whether to adjourn the previously scheduled hearing date for leave to make an application under section 75
  2. 2 Whether the respondents' undertaking to continue supply justifies adjournment
  3. 3 Scheduling of any interim order hearing if leave is granted

Ratio Decidendi

The Tribunal accepted the respondents' undertaking to continue supply until May 4, 2007 and, with the applicant's non-opposition to an adjournment, ordered that the applicant's leave application under section 103.1 to bring a section 75 application be heard on March 14, 2007 and that any interim order application, if leave is granted, be heard during the week of April 23, 2007.

Court Disposition

Order setting new hearing date for leave application and scheduling interim hearing window; respondents' undertaking recorded

Orders

  • The Applicant’s application for leave to make an application under section 75 of the Act will be heard on Wednesday, March 14, 2007, at 1:00 p.m., in the Hearing Room of the Competition Tribunal, in Ottawa.
  • Should the Tribunal grant the Applicant leave to file an application under section 75 of the Act, the Applicant’s application for an interim order will be heard during the week of April 23, 2007.