Competition Commission v Beefcor (Pty) Ltd and Another (CR172Sep17/0TH1990ct18) [2019] ZACT 69 (17 October 2019)

Competition Commission v Beefcor (Pty) Ltd and Another (CR172Sep17/0TH1990ct18) [2019] ZACT 69 (17 October 2019)

The Tribunal found that the Commission's withdrawal notice constituted a withdrawal of the complaint referral against the respondents, not merely a removal from the Tribunal roll. The withdrawal did not amount to a settlement, as no written agreement or Tribunal order confirmed settlement terms. The Tribunal held that completed proceedings under section 67(2) require a decision on the conduct, which did not occur here; thus, the Commission is not precluded from initiating a new complaint if justified by new facts or evidence. However, the Commission failed to provide adequate explanation for seeking reinstatement of the same complaint referral, and its application for reinstatement was...

Citation
[2019] ZACT 69
Parties
Applicant: Competition Commission; Respondent: Beefcor (Pty) Ltd; Respondent: Cape Fruit Processors (Pty) Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
17 October 2019
Case Number
CR172Sep17/0TH1990ct18
Procedural Posture
Review Application / Application for Reinstatement of Withdrawn Complaint Referral
Outcome
Application for reinstatement of withdrawn complaint referral dismissed.
Judges
Yasmin Carrim, Andiswa Ndoni, Anton Roskam
Legal Topics
Withdrawal of Complaint, Completed Proceedings, Section 67 2 Competition Act, Abuse of Process, Settlement Vs Withdrawal
Competition Law Civil Procedure Withdrawal of Complaint Completed Proceedings Section 67 2 Competition Act Abuse of Process Settlement Vs Withdrawal

Case Brief

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Parties

Competition Commission

Applicant

Beefcor (Pty) Ltd

Respondent

Cape Fruit Processors (Pty) Ltd

Respondent

Procedural Posture

Review Application / Application for Reinstatement of Withdrawn Complaint Referral

Legal Issues

  1. 1 Did the Commission's withdrawal notice amount to a mere removal of the matter from the roll?
  2. 2 Did the withdrawal amount to a settlement of the dispute between the parties?
  3. 3 Did such withdrawal/settlement amount to completed proceedings as contemplated in section 67(2) of the Competition Act?

Ratio Decidendi

The Tribunal found that the Commission's withdrawal notice constituted a withdrawal of the complaint referral against the respondents, not merely a removal from the Tribunal roll. The withdrawal did not amount to a settlement, as no written agreement or Tribunal order confirmed settlement terms. The Tribunal held that completed proceedings under section 67(2) require a decision on the conduct, which did not occur here; thus, the Commission is not precluded from initiating a new complaint if justified by new facts or evidence. However, the Commission failed to provide adequate explanation for seeking reinstatement of the same complaint referral, and its application for reinstatement was...

Court Disposition

Application for reinstatement of withdrawn complaint referral dismissed.

Orders

  • The Commission's application to reinstate the complaint referral (CR172Sep17) withdrawn on 27 June 2018 is hereby dismissed.
  • There is no order as to costs.