Divestiture of Ridge Landfill Resumes

OTTAWA, July 2, 2004 – The Competition Tribunal has denied an application by Canadian Waste Services Inc. to rescind an October 2001 order requiring the divestiture of the Ridge Landfill in Chatham, Ontario. Canadian Waste had alleged that the circumstances which led to the making of the divestiture order had changed. The Competition Bureau opposed this application on the basis that Canadian Waste's allegations related to facts that were pre-existing and known to the company at the time of the original hearing and therefore it would not be appropriate to consider them as "changed circumstances" under the Competition Act.

This decision [PDF] terminates the July 10, 2003 stay of the divestiture order which means that Canadian Waste has 60 days to sell the Ridge Landfill. If Canadian Waste is unable to sell the Ridge Landfill by August 27, 2004, Deloitte and Touche Inc., appointed by the Tribunal as trustee, will be responsible for selling the property.

The Competition Bureau had obtained the order in October 2001 to address competition concerns resulting from the merger of Canadian Waste Services Inc. and Browning Ferris Industries Ltd. in 2000. The divestiture will preserve competition for commercial waste disposal in the Greater Toronto Area and elsewhere in southern Ontario.

For more information visit: Federal Court Denies Appeal: Canadian Waste Must Divest Ridge Landfill

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