31 Jan 2008
WOOLWORTHS LIMITED AND ORS V THE COMMERCE COMMISSION HC WN CIV 2007-485-1255
- Citation
- openlaw-0d7dd3a1_af0b_41e0_8d21_70fa70ee44d4.pdf
- Court
- High Court
The High Court granted the Commission leave to appeal because the proposed grounds raised questions of law or general importance (notably the treatment of markets 'in flux' and admissible evidence on rehearing) and the appeal was important to the Commission; leave was conditional on urgent prosecution. The Court declined to suspend the clearances because adequate, proportionate safeguards existed (undertakings by Woolworths and Foodstuffs not to complete the acquisition by the specified date) and the Commission had not shown the appeal would be rendered nugatory absent suspension; the Court d…