PREPARED BABY FOODS

Expiry Reviews (Section 76.03)

CERTAIN PREPARED BABY FOODS ORIGINATING IN OR EXPORTED FROM THE UNITED STATES OF AMERICA
Expiry Review No. RR-2002-002

TABLE OF CONTENTS

Ottawa, Friday, January 31, 2003

Expiry Review No. RR-2002-002

IN THE MATTER OF an expiry review, pursuant to subsection 76.03(3) of the Special Import Measures Act, concerning certain prepared baby foods originating in or exported from the United States of America;

AND IN THE MATTER OF a request from counsel for Gerber Products Company and Novartis Consumer Health Canada Inc. that Mr. Michael Trebilcock, Ms. Margaret Sanderson and Mr. Andrew Tepperman be permitted, as experts, access to all confidential information on the record.

ORDER

WHEREAS, pursuant to subsection 45(3) of the Canadian International Trade Tribunal Act, confidential information may be disclosed by the Canadian International Trade Tribunal (the Tribunal) to experts acting under the control or direction of counsel, subject to directives from the Tribunal governing the use of such information;

WHEREAS access to confidential information of record in this matter is required to assist in the preparation of an expert report;

WHEREAS the Tribunal qualifies Mr. Michael Trebilcock as an expert in international trade law and Ms. Margaret Sanderson and Mr. Andrew Tepperman as experts in their capacity as team members assisting Mr. Trebilcock;

THE TRIBUNAL ORDERS THAT:

1. Counsel may disclose to Mr. Michael Trebilcock, Ms. Margaret Sanderson and Mr. Andrew Tepperman the confidential information filed by H.J. Heinz Company of Canada Ltd. (Heinz), Gerber Products Company (Gerber) and Novartis Consumer Health Canada Inc. (Novartis) and the Commissioner of Competition as it relates to Heinz, Gerber and Novartis. No access is to be provided to third-party confidential information.

2. In order to draft their report, Mr. Michael Trebilcock, Ms. Margaret Sanderson and Mr. Andrew Tepperman shall have access to the said confidential information at the Toronto office of the law firm of Ogilvy Renault, under the direction and control of Ms. Ava G. Yaskiel, and if necessary, prior to and during the hearing, at the Ottawa office of Ogilvy Renault, under the direction and control of the lead counsel in this case.

3. Prior to obtaining access to the said confidential information, Mr. Michael Trebilcock, Ms. Margaret Sanderson and Mr. Andrew Tepperman shall sign the attached Undertaking and Acknowledgement. Lead counsel for Gerber and Novartis in Ottawa and Ms. Yaskiel, counsel for Gerber and Novartis in Toronto, shall countersign the said document to acknowledge that Mr. Michael Trebilcock, Ms. Margaret Sanderson and Mr. Andrew Tepperman are working under their direction and control.

4. Counsel for Gerber and Novartis shall explain the terms of this order to Mr. Michael Trebilcock, Ms. Margaret Sanderson and Mr. Andrew Tepperman prior to disclosure of any confidential information.

5. The Undertaking and Acknowledgement for Mr. Michael Trebilcock, Ms. Margaret Sanderson and Mr. Andrew Tepperman shall provide that they:

(a) use the specified confidential information exclusively for purposes of the subject proceeding;

(b) not disclose, except to counsel for Gerber and Novartis and the Tribunal, in their report or testimony in this proceeding, any confidential information to which they have been given access;

(c) not photocopy any document received that contains any confidential information;

(d) save confidential information only on the hard drive of a stand-alone or laptop computer that is not connected to any computer network or accessible in any manner through another computer or other means and erase, at the completion of these proceedings, all confidential information saved on the stand-alone or laptop computer and file with the secretary of the Tribunal a certificate confirming the destruction of the said information; and

(e) return to counsel for Gerber and Novartis at the end of the hearing, all confidential information, including any notes, charts, tables and memoranda created based on confidential information.

Patricia M. Close
Patricia M. Close
Presiding Member

Zdenek Kvarda
Zdenek Kvarda
Member

Ellen Fry
Ellen Fry
Member

Michel P. Granger
Michel P. Granger
Secretary

 

 

CANADIAN INTERNATIONAL TRADE TRIBUNAL

UNDERTAKING AND ACKNOWLEDGEMENT

IN THE MATTER OF an expiry review, pursuant to subsection 76.03(3) of the Special Import Measures Act, concerning certain prepared baby foods originating in or exported from the United States of America;

WHEREAS the Tribunal issued an order dated January 31, 2003, directing that the person to whom disclosure is made shall not disclose any of the confidential information to any person and shall not use the confidential information for any purpose, other than in and for the purpose of this expiry review.

UNDERTAKING

We, Michael Trebilcock,  Margaret Sanderson and Andrew Tepperman, undertake:

a) to use the information disclosed under the conditions of this undertaking exclusively for purposes of the subject proceeding;

b) not to disclose, except to counsel for Gerber and Novartis and to the Tribunal, in our report or testimony in this proceeding, any confidential information to which we have been given access;

c) not to photocopy any document received that contains any confidential information;

d) to keep confidential the information disclosed under the conditions of this undertaking;

e) to save confidential information only on the hard drive of a stand-alone or laptop computer that is not connected to any computer network or accessible in any manner through another computer or other means, and erase, at the completion of these proceedings, all confidential information saved on the stand-alone or laptop computer and file with the Secretary of the Tribunal a certificate confirming the destruction of the said information; and

f) to return to counsel for Gerber and Novartis any notes, tables and memoranda created based on that confidential information at the end of our participation in this proceeding.

ACKNOWLEDGEMENT

We hereby acknowledge that disclosure by us of some or all of the confidential information to which we have been given access could result in economic harm to Heinz.

Signature:

  

Name:

Michael Trebilcock

Address:

  
   
   

Fax:

  

E-mail:

  

Dated at ________________________________ this ________ day of _________________ 2003.

Signature:

  

Name:

Margaret Sanderson

Address:

  
   
   

Fax:

  

E-mail:

  

Dated at ________________________________ this ________ day of _________________ 2003.

Signature:

  

Name:

Andrew Tepperman

Address:

  
   
   

Fax:

  

E-mail:

  

Dated at ________________________________ this ________ day of _________________ 2003.

Countersigned by counsel for Gerber and Novartis - Ottawa office

Signature:

  

Name:

  

Address:

  
   
   

Fax:

  

E-mail:

  

Dated at ________________________________ this ________ day of _________________ 2003.

Countersigned by counsel for Gerber and Novartis -Toronto office

Signature:

  

Name:

Ava G. Yaskiel

Address:

  
   
   

Fax:

  

E-mail:

  

Dated at ________________________________ this ________ day of _________________ 2003.