Originally published in Blakes Bulletin on Competition, June 2007
On May 26, 2007, proposed new Competition Tribunal Rules were published in the Canada Gazette. The new Rules, which are designed to improve the Competition Tribunal process, are the culmination of over a year and a half of consultations with groups including the Canadian Bar Association, the Department of Justice, and staff members from the Competition Bureau and Competition Tribunal. Interested parties have 60 days from the date of publication to make representations concerning the new Rules.
Highlights from the new Rules include:
Case management will be conducted in all cases.
Parties will be required to deliver affidavits of documents that list all documents that are relevant to any matter in issue in the proceedings. Previously, parties in non-merger cases were required to list only those documents on which they intended to rely.
Examination for discovery will occur as of right in all cases.
The Tribunal will be permitted to appoint one or more independent experts to inquire into and report on any question of fact or opinion relevant to an issue in a proceeding.
Parties will be required to provide pre-hearing disclosure, which will include lists of documents on which they intend to rely at the hearing, witness statements setting out all lay witnesses’ direct evidence in full, and all expert reports, within prescribed time periods before the commencement of a hearing.
The direct testimony of lay witnesses will be provided by way of written statements. Direct testimony will be made orally only in appropriate circumstances and with leave of the Tribunal. Lay witnesses will, however, continue to be subject to oral cross-examination.
The new Rules are available on the Competition Tribunal’s Web site at: http://www.ct-tc.gc.ca/english/View.asp?x=333.
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