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Competition Tribunal Tribunal de la Concurrence Reference: Commissioner of Competition v. Air Canada, 2002 Comp. Trib. 031 File no.: CT2001002 Registry document no.: 0105

IN THE MATTER of an application by the Commissioner of Competition under section 79 of the Competition Act, R.S.C. 1985, c. C-34;

AND IN THE MATTER of the Regulations Respecting Anti-Competitive Acts of Persons Operating a Domestic Service, SOR/2000-324 made pursuant to subsection 78(2) of the Competition Act;

AND IN THE MATTER of certain practices of anti-competitive acts by Air Canada. B E T W E E N: The Commissioner of Competition (applicant)

and Air Canada (respondent)

and WestJet Airlines Ltd. (intervenor)

Date of consultation: 20020829 Member: McKeown J. (Chairman) Date of order: 20020830 Order signed by: McKeown J.

ORDER REGARDING RE-SCHEDULING

[1] FURTHER TO the Reasons and Order Regarding Matters Considered at Pre-hearing Conference on May 2 and 3, 2002 whereas the hearing of this matter before the newly constituted panel was tentatively set to commence on October 7, 2002;

[2] AND FURTHER TO consultation with the parties on August 29, 2002; THE TRIBUNAL ORDERS THAT: [3] The hearing of the Commissioner’s application shall commence on November 25, 2002 at 10:00 a.m. at the Competition Tribunal, Royal Bank Building, Suite 600, 90 Sparks Street, Ottawa, Ontario.

[4] Counsel shall serve and file a proposed schedule pursuant to section 18 of the Competition Tribunal Rules, SOR/94-290, as amended, to address any further matters regarding the disposition of this application.

DATED at Ottawa, this 30 th day of August, 2002. SIGNED on behalf of the Tribunal by the presiding judicial member. (s) W.P. McKeown

COUNSEL: For the applicant: The Commissioner of Competition Donald B. Houston Suzanne Legault

For the respondent: Air Canada Katherine L. Kay Eliot N. Kolers Lawson A.W. Hunter, Q.C.

For the intervenor: WestJet Airlines Ltd. Daniel J. McDonald, Q.C.

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