The federal competition tribunal last week ruled that the Canadian Wheat Board and Mission Terminal Inc. can participate in hearings scheduled to start in March 2006.
The parties will be able to call their own witnesses and cross-examine others, as the tribunal considers whether to rescind an October 2002 agreement between AU and the competition bureau to sell one of the grain company’s terminals at the west coast port.
AU had asked the tribunal to deny the CWB and Mission intervenor status, saying neither has anything relevant or unique to contribute on the issue, which is whether competitive circumstances at the port have changed in the past three years to such an extent that a sale is no longer necessary. The competition bureau says they haven’t but AU points to excess capacity at the port and adequate service for all prairie shippers.
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However, in two separate rulings issued Nov. 4, justice Sandra Simpson rejected that argument, saying both have something to contribute to the deliberations: Mission as a commercial player interested in buying the terminal, and the CWB as an organization representing prairie farmers who will be directly affected by the tribunal’s decision.
