Procurement Inquiries

Decision Information

Decision Content

File PR-2023-041

Malvern Panalytical, a Division of Spectris Canada Inc.

v.

National Research Council of Canada

Order issued
Wednesday, December 27, 2023

 


IN THE MATTER OF a complaint filed by Malvern Panalytical, a Division of Spectris Canada Inc., pursuant to subsection 30.11(1) of the Canadian International Trade Tribunal Act;

AND FURTHER TO a decision to conduct an inquiry into the complaint pursuant to subsection 30.13(1) of the Canadian International Trade Tribunal Act;

AND FURTHER TO the withdrawal of the complaint by Malvern Panalytical, a Division of Spectris Canada Inc.

BETWEEN

MALVERN PANALYTICAL, A DIVISION OF SPECTRIS CANADA INC.

Complainant

AND

THE NATIONAL RESEARCH COUNCIL OF CANADA

Government Institution

ORDER

WHEREAS Malvern Panalytical, a Division of Spectris Canada Inc., filed the above‑mentioned complaint on November 27 and 28, 2023;

AND WHEREAS the Canadian International Trade Tribunal decided, on December 5, 2023, to inquire into the complaint, pursuant to subsection 30.13(1) of the Canadian International Trade Tribunal Act (CITT Act) and subsection 7(1) of the Canadian International Trade Tribunal Procurement Inquiry Regulations;

AND WHEREAS the Tribunal received, on December 15, 2023, an extension request from the National Research Council of Canada for the filing of the Government Institution Report;

AND WHEREAS the Tribunal received, on December 18, 2023, a request for leave from Anton Paar Canada Inc. to intervene in this proceeding;

AND WHEREAS the Tribunal has not yet made its decision on the requests referred to above;

AND WHEREAS, on December 21, 2023, Malvern Panalytical, a Division of Spectris Canada Inc., notified the Tribunal that it agreed to withdraw its complaint;

AND WHEREAS, on December 26, 2023, Malvern Panalytical, a Division of Spectris Canada Inc., confirmed its intention to irrevocably withdraw the complaint and not pursue it further before the Tribunal;

AND WHEREAS subsection 30.13(5) of the CITT Act provides that the Tribunal may cease conducting the inquiry;

THEREFORE, pursuant to subsection 30.13(5) of the CITT Act, the Tribunal ceases its inquiry. As a result of the withdrawal and the Tribunal’s decision to cease its inquiry, the requests referred to above are now moot.

Each party will bear its own costs.

Frédéric Seppey

Frédéric Seppey
Presiding Member

 

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