Applying the predominant purpose test, it is clear that the predominant purpose of the proposed deposition is to obtain evidence in a civil proceeding, not to incriminate the Respondents: Treat America v. Leonidas, para. 45. The Respondents distinguish Treat America v. Leonidas, a case that is very similar to this one, on the basis that the Commissioner of Competition was a party and addressed the issues raised in the particular circumstances of that case.
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