Allens Meshco (Pty) Ltd and Others v Competition Commission and Others, Inre: Mondi Ltd and Another v Allens Meshco (Pty) Ltd and Others (135/CAC/Jan15) [2015] ZACAC 2; [2015] 1 CPLR 27 (CAC) (26 March 2015)

Parties

Procedural Posture

Civil Appeal / Appeal Against Tribunal's Refusal to Stay Complaint Proceedings Pending Review Judgment

Legal Issues

1. 1 Is the Tribunal's refusal to stay complaint proceedings pending review judgment appealable to the Competition Appeal Court?
2. 2 Does the refusal of a stay constitute a final decision under section 37(1)(b) of the Competition Act?
3. 3 Should the Court lay down guidelines for review proceedings against Competition Commission decisions?

Ratio Decidendi

The Competition Appeal Court held that the Tribunal's refusal to stay the complaint proceedings was not a final decision as contemplated by section 37(1)(b)(i) of the Competition Act. The refusal was an interim or interlocutory decision, not definitive of the parties' rights, and did not dispose of any portion of the relief claimed in the main proceedings. The Court found no statutory provision permitting an appeal against such a decision. Consequently, the Court lacked jurisdiction to entertain the appeal. The Court further declined to lay down general guidelines for review proceedings, emphasizing that its function is to resolve live disputes between parties before it, not to issue...

Court Disposition

Appeal struck from the roll for lack of jurisdiction. Intervention applications dismissed. Each party to bear its own costs.

Orders

• The applications by Mondi Limited and Sappi Southern Africa Ltd to intervene in the appeal are dismissed.
• The appeal is struck from the roll.