Autobi (Pty) Ltd v Transunion Auto Information Solutions (Pty) Ltd (59/CR/May12) [2013] ZACT 7 (11 February 2013)

Autobi (Pty) Ltd v Transunion Auto Information Solutions (Pty) Ltd (59/CR/May12) [2013] ZACT 7 (11 February 2013)

The Tribunal found that Autobid had shown good cause for condonation of the late filing of its complaint referral. The delay was attributable to the misconduct and disappearance of Autobid's previous attorney, who failed to inform Autobid of critical developments and did not prepare necessary documents. Upon discovering these facts, Autobid acted promptly and diligently by appointing new attorneys, seeking expert advice, and compiling a comprehensive complaint. The Tribunal considered the complexity and specialised nature of the complaint, the steps taken by Autobid to remedy the situation, and the absence of prejudice to Transunion, which had benefited from the High Court's interdict....

Citation
[2013] ZACT 7
Parties
Applicant: Autobid (Pty) Ltd; Respondent: Transunion Auto Information Solutions (Pty) Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
11 February 2013
Case Number
59/CR/May12
Procedural Posture
Condonation Application / Decision on Condonation for Late Filing of Complaint Referral
Outcome
Condonation granted for Autobid's late filing of its complaint referral against Transunion.
Judges
Lawrence Reyburn, Medi Mokuena, Takalani Madima
Legal Topics
Condonation, Abuse of Dominance, Illegal Price Discrimination, Essential Facility, Copyright Infringement
Competition Law Commercial and Corporate Condonation Abuse of Dominance Illegal Price Discrimination Essential Facility Copyright Infringement

Case Brief

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Parties

Autobid (Pty) Ltd

Applicant

Transunion Auto Information Solutions (Pty) Ltd

Respondent

Procedural Posture

Condonation Application / Decision on Condonation for Late Filing of Complaint Referral

Legal Issues

  1. 1 Whether Autobid has shown good cause for condonation of the late filing of its complaint referral under section 51(1) of the Competition Act.
  2. 2 Whether the delay in filing prejudiced Transunion.
  3. 3 Whether Autobid acted diligently and promptly upon discovering its attorney's misconduct.

Ratio Decidendi

The Tribunal found that Autobid had shown good cause for condonation of the late filing of its complaint referral. The delay was attributable to the misconduct and disappearance of Autobid's previous attorney, who failed to inform Autobid of critical developments and did not prepare necessary documents. Upon discovering these facts, Autobid acted promptly and diligently by appointing new attorneys, seeking expert advice, and compiling a comprehensive complaint. The Tribunal considered the complexity and specialised nature of the complaint, the steps taken by Autobid to remedy the situation, and the absence of prejudice to Transunion, which had benefited from the High Court's interdict....

Court Disposition

Condonation granted for Autobid's late filing of its complaint referral against Transunion.

Orders

  • The late filing on 25 May 2012 by Autobid (Pty) Ltd of its complaint against Transunion Auto Information Solutions (Pty) Ltd in terms of Section 51(1) of the Competition Act, 1998, is condoned.
  • For the purposes of establishing filing dates and the taking of other action pursuant to that complaint referral, the date of filing of the complaint referral with the Tribunal will be deemed to be the date of this order.