Agrium (rescission of CT-2009-016) - Order allowing an application under paragraph 106(1)(b) of the Competition Act to rescind a Consent Agreement

Agrium (rescission of CT-2009-016) - Order allowing an application under paragraph 106(1)(b) of the Competition Act to rescind a Consent Agreement

The Tribunal allowed rescission because the parties jointly demonstrated the Consent Agreement was no longer necessary (Agrium will not acquire CF), the explanation satisfied the Tribunal, and the Tribunal exercised its discretion to rescind and to dispense with the Rules requiring pleadings.

Citation
2010 Comp Trib 7
Parties
Applicant: The Commissioner of Competition; Respondent: Agrium Inc.
Court
Competition Tribunal
Jurisdiction
Canada
Judgment Date
4 May 2010
Procedural Posture
Rescission or Variation of Consent Agreement (mergers) / Order Allowing Application to Rescind Consent Agreement
Outcome
Application allowed; Consent Agreement rescinded.
Legal Topics
Rescission of Consent Agreement, Consent Agreement, Paragraph 106(1)(b) of the Competition Act
Source Language
English
Competition Law Mergers Administrative Law Rescission of Consent Agreement Consent Agreement Paragraph 106(1)(b) of the Competition Act

Case Brief

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Parties

The Commissioner of Competition

Applicant

Agrium Inc.

Respondent

Procedural Posture

Rescission or Variation of Consent Agreement (mergers) / Order Allowing Application to Rescind Consent Agreement

Legal Issues

  1. 1 Whether the Tribunal should rescind a registered consent agreement under paragraph 106(1)(b) when the merger transaction will not proceed
  2. 2 Whether rescission on consent remains a discretionary exercise of the Tribunal's powers
  3. 3 Whether the Tribunal may dispense with the Rules requiring pleadings in proceedings under section 106

Ratio Decidendi

The Tribunal allowed rescission because the parties jointly demonstrated the Consent Agreement was no longer necessary (Agrium will not acquire CF), the explanation satisfied the Tribunal, and the Tribunal exercised its discretion to rescind and to dispense with the Rules requiring pleadings.

Court Disposition

Application allowed; Consent Agreement rescinded.

Orders

  • The Application made pursuant to paragraph 106(1)(b) of the Competition Act is allowed.
  • The Consent Agreement is hereby rescinded.