Caxton & CTP Publishes and Printers Ltd v Naspers Ltd and Others (72/CAC/Aug 2007) [2007] ZACAC 4 (8 October 2007)

Caxton & CTP Publishes and Printers Ltd v Naspers Ltd and Others (72/CAC/Aug 2007) [2007] ZACAC 4 (8 October 2007)

The court held that the Competition Tribunal acted within its powers under section 53(1)(c)(v) of the Competition Act by limiting the scope of Caxton's intervention to specific issues. The Tribunal has a wide discretion to recognise participants and regulate its proceedings, including defining the ambit of intervention to ensure relevance and efficiency. Unlimited intervention would undermine the orderly and expeditious conduct of merger hearings and could result in excessive discovery and delays. The Tribunal's order was neither ultra vires nor an improper exercise of discretion. The review application was accordingly dismissed with costs, including the costs of two counsel.

Citation
[2007] ZACAC 4
Parties
Applicant: Caxton and CTP Publishers and Printers Limited; Respondent: Naspers Limited; Respondent: Electronic Media Network Limited (M-Net); Respondent: Supersport International Holdings Limited; Respondent: Competition Commission; Respondent: Competition Tribunal
Court
Competition Appeal Court
Jurisdiction
South Africa
Judgment Date
8 October 2007
Case Number
72/CAC/Aug 2007
Procedural Posture
Review Application / Review of Tribunal Order Limiting Scope of Intervention in Merger Proceedings
Outcome
Review application dismissed with costs, including costs of two counsel.
Judges
Levinsohn, Davis, Mailula
Legal Topics
Merger Control, Scope of Intervention, Competition Act Section 53, Tribunal Discretion, Procedural Fairness
Competition Law Commercial and Corporate Merger Control Scope of Intervention Competition Act Section 53 Tribunal Discretion Procedural Fairness

Case Brief

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Parties

Caxton and CTP Publishers and Printers Limited

Applicant

Naspers Limited

Respondent

Electronic Media Network Limited (M-Net)

Respondent

Supersport International Holdings Limited

Respondent

Competition Commission

Respondent

Competition Tribunal

Respondent

Procedural Posture

Review Application / Review of Tribunal Order Limiting Scope of Intervention in Merger Proceedings

Legal Issues

  1. 1 Whether the Competition Tribunal acted ultra vires or improperly exercised its discretion by limiting the scope of Caxton's intervention in the merger proceedings.
  2. 2 Whether the Tribunal's order restricting Caxton to specific issues was lawful under section 53(1)(c)(v) of the Competition Act.
  3. 3 Whether the Tribunal is entitled to regulate and control its own proceedings, including the ambit of intervention.

Ratio Decidendi

The court held that the Competition Tribunal acted within its powers under section 53(1)(c)(v) of the Competition Act by limiting the scope of Caxton's intervention to specific issues. The Tribunal has a wide discretion to recognise participants and regulate its proceedings, including defining the ambit of intervention to ensure relevance and efficiency. Unlimited intervention would undermine the orderly and expeditious conduct of merger hearings and could result in excessive discovery and delays. The Tribunal's order was neither ultra vires nor an improper exercise of discretion. The review application was accordingly dismissed with costs, including the costs of two counsel.

Court Disposition

Review application dismissed with costs, including costs of two counsel.

Orders

  • The review application is dismissed.
  • The applicant is ordered to pay the costs of suit, including the costs consequent upon the employment of two counsel.