Tribunal Denies CWS Application
On June 28, 2004, the Competition Tribunal denied an application by Canadian Waste Services Inc. (CWS) (Now Waste Management of Canada Corporation) to rescind an October 2001 order under section 92 (mergers) requiring the divestiture of the Ridge landfill in Chatham, Ontario. In May 2003, CWS applied to the Tribunal to set aside the divestiture order under s. 106 of the Competition Act on the basis that the circumstances that led to the making of the order had changed, and that in the present circumstances, the Tribunal would not have made the order. The Tribunal's decision is currently under appeal. Although the Tribunal's recent decision terminated the July 10, 2003 stay of its order to divest the Ridge landfill, on August 6, 2004, the Federal Court of Appeal granted a stay of the divestiture order pending appeal of the Tribunal's recent s. 106 decision. The appeal is scheduled to be heard on November 4, 2004.
