HarperCollins - scheduling hearing on November 12, 2018

HarperCollins - scheduling hearing on November 12, 2018

The Tribunal fixed the November 12, 2018 hearing date because it falls within a reasonable timeframe (approximately 660 days after filing) for similarly complex matters, the parties did not demonstrate that the date was unreasonable or unfair, and the Tribunal must proceed expeditiously while having regard to member availability.

Citation
2017 Comp Trib 12
Parties
Applicant: The Commissioner of Competition; Respondents: HarperCollins Publishers LLC and HarperCollins Canada Limited; Intervenor: Rakuten Kobo Inc
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
11 September 2017
Procedural Posture
Application Under S.90.1 of the Competition Act / Hearing Scheduled (case Management/scheduling Order)
Outcome
Hearing scheduled to commence November 12, 2018; parties ordered to consult on pre-hearing schedule and to seek Tribunal direction if they cannot agree.
Legal Topics
Agreements Between Competitors, Section 90.1, Scheduling, Case Management, Intervention
Source Language
English
Competition Law Antitrust Agreements Between Competitors Section 90.1 Scheduling Case Management Intervention

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Parties

The Commissioner of Competition

Applicant

HarperCollins Publishers LLC and HarperCollins Canada Limited

Respondents

Rakuten Kobo Inc

Intervenor

Procedural Posture

Application Under S.90.1 of the Competition Act / Hearing Scheduled (case Management/scheduling Order)

Legal Issues

  1. 1 Appropriateness of the proposed hearing date
  2. 2 Availability of three Tribunal members to hear the matter
  3. 3 Whether the time between filing and hearing is consistent with similar cases

Ratio Decidendi

The Tribunal fixed the November 12, 2018 hearing date because it falls within a reasonable timeframe (approximately 660 days after filing) for similarly complex matters, the parties did not demonstrate that the date was unreasonable or unfair, and the Tribunal must proceed expeditiously while having regard to member availability.

Court Disposition

Hearing scheduled to commence November 12, 2018; parties ordered to consult on pre-hearing schedule and to seek Tribunal direction if they cannot agree.

Orders

  • The hearing of this matter shall commence on November 12, 2018 for approximately four (4) weeks.
  • The parties are to consult with respect to a schedule of steps necessary to bring the case on the scheduled time; if the parties cannot agree on such steps within 30 days, the Tribunal shall, following a further case management conference, fix a schedule of pre-hearing steps.