Competition Commission of South Africa v Computicket (Pty) Ltd (118/CAC/APR12) [2013] ZACAC 2; [2013] 2 CPLR 383 (CAC) (20 September 2013)

Competition Commission of South Africa v Computicket (Pty) Ltd (118/CAC/APR12) [2013] ZACAC 2; [2013] 2 CPLR 383 (CAC) (20 September 2013)

The Court held that once the right to review a referral decision of the Competition Commission is accepted, the party seeking review is entitled to the essential documents upon which the decision was predicated. The principle of legality and the constitutional right of access to courts require that the record of decision be specified and produced. The Commission's argument that a prima facie case and exceptional circumstances must be shown before discovery is granted was rejected. The Court found no prospect that another court would reach a different conclusion and dismissed the application for leave to appeal with costs, including the costs of two counsel.

Citation
[2013] ZACAC 2
Parties
Applicant: Competition Commission of South Africa; Respondent: Computicket (Pty) Limited
Court
Competition Appeal Court
Jurisdiction
South Africa
Judgment Date
20 September 2013
Case Number
118/CAC/APR12
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against a Competition Appeal Court Judgment on Discovery Orders.
Outcome
Application for leave to appeal dismissed with costs, including costs of two counsel.
Judges
Davis, Dambuza, Swain
Legal Topics
Discovery in Competition Proceedings, Review of Administrative Action, Constitutional Right of Access to Courts
Competition Law Civil Procedure Discovery in Competition Proceedings Review of Administrative Action Constitutional Right of Access to Courts

Case Brief

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Parties

Competition Commission of South Africa

Applicant

Computicket (Pty) Limited

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against a Competition Appeal Court Judgment on Discovery Orders.

Legal Issues

  1. 1 Whether a party seeking to review a referral decision of the Competition Commission is entitled to discovery of the record of decision.
  2. 2 Whether leave to appeal should be granted to the Supreme Court of Appeal or Constitutional Court on the discovery order.
  3. 3 Whether the principle of legality and constitutional rights require access to documentation supporting the Commission's referral decision.

Ratio Decidendi

The Court held that once the right to review a referral decision of the Competition Commission is accepted, the party seeking review is entitled to the essential documents upon which the decision was predicated. The principle of legality and the constitutional right of access to courts require that the record of decision be specified and produced. The Commission's argument that a prima facie case and exceptional circumstances must be shown before discovery is granted was rejected. The Court found no prospect that another court would reach a different conclusion and dismissed the application for leave to appeal with costs, including the costs of two counsel.

Court Disposition

Application for leave to appeal dismissed with costs, including costs of two counsel.

Orders

  • The application for leave to appeal is dismissed.
  • The applicant is ordered to pay the costs of the application, including the costs of two counsel.