HarperCollins - Scheduling Order

HarperCollins - Scheduling Order

The Tribunal concluded that the parties' proposed scheduling order was appropriate and consistent with the case management principles in s.9(2) of the Competition Tribunal Act and therefore approved and ordered the detailed timetable for discovery, expert exchange (including sequencing for efficiencies evidence), motions, examinations for discovery and a multi-week hearing beginning November 13, 2018.

Citation
2017 Comp Trib. 17
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
4 December 2017
Procedural Posture
Application Under Section 90.1 of the Competition Act / Scheduling Order / Pre Hearing
Outcome
Scheduling order issued approving parties' proposed schedule and fixing dates for pre-hearing steps and hearing
Legal Topics
Agreements Between Competitors, Efficiencies Defence, Scheduling Order, Document Discovery, Expert Evidence
Source Language
English
Competition Law Antitrust Civil Procedure Agreements Between Competitors Efficiencies Defence Scheduling Order Document Discovery Expert Evidence

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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 Section 90.1 of the Competition Act / Scheduling Order / Pre Hearing

Legal Issues

  1. 1 Sequencing and timing of expert reports, particularly evidence on efficiencies under s.90.1(4)
  2. 2 Appropriate schedule for document discovery and examinations for discovery
  3. 3 Timelines for motions arising from affidavits of documents and undertakings

Ratio Decidendi

The Tribunal concluded that the parties' proposed scheduling order was appropriate and consistent with the case management principles in s.9(2) of the Competition Tribunal Act and therefore approved and ordered the detailed timetable for discovery, expert exchange (including sequencing for efficiencies evidence), motions, examinations for discovery and a multi-week hearing beginning November 13, 2018.

Court Disposition

Scheduling order issued approving parties' proposed schedule and fixing dates for pre-hearing steps and hearing

Orders

  • Parties to meet and confer on Document Discovery Plan by December 15, 2017
  • Mediation to occur in January 2018