Agri Wire (Pty) Ltd and Another v Commissioner of the Competition Commission and Others (660/2011) [2012] ZASCA 134; [2012] 4 All SA 365 (SCA); 2013 (5) SA 484 (SCA) (27 September 2012)

Parties

Procedural Posture

Civil Appeal / Appeal From North Gauteng High Court

Legal Issues

1. 1 Whether the Competition Commission's Corporate Leniency Policy (CLP) is lawful under the Competition Act.
2. 2 Whether the Commission may grant conditional and total immunity to cartel whistleblowers.
3. 3 Whether the referral to the Competition Tribunal was unlawful due to evidence obtained under the CLP.

Ratio Decidendi

The Supreme Court of Appeal held that the Competition Commission is empowered under the Competition Act to adopt and implement the Corporate Leniency Policy, including granting conditional and total immunity to whistleblowers in cartel cases. The Act allows the Commission to refer only some particulars of a complaint to the Tribunal and does not require all cartel members to be referred. The Tribunal's power to consider cooperation in penalty determinations does not preclude the Commission from granting immunity. The High Court's jurisdiction is not excluded by the Act, and the challenge to its jurisdiction was misconceived. The appeal was dismissed as the CLP and the referral were lawful...

Court Disposition

Appeal dismissed with costs, including costs of two counsel where so employed.

Orders

• The appeal is dismissed with costs, such costs to include the costs of two counsel where two counsel were employed.