Computershare South Africa v JSE Limited and Others (IM141Dec19; DSC175Mar20) [2020] ZACT 94 (2 April 2020)

Computershare South Africa v JSE Limited and Others (IM141Dec19; DSC175Mar20) [2020] ZACT 94 (2 April 2020)

The Tribunal found that the respondents had substantially complied with their discovery obligations by providing the requested documents or, where unavailable, undertaking to provide sworn statements confirming non-existence. The Tribunal accepted the parties' agreement regarding the confidentiality regime for document access and ordered that the outstanding affidavits and written statements be provided within specified timeframes. The applicant's requests for further revenue information were withdrawn, and the Tribunal made the parties' agreement an order of the Tribunal.

Citation
[2020] ZACT 94
Parties
Applicant: Computershare South Africa; Respondent: JSE Limited; Respondent: Link Market Services South Africa (Pty) Ltd; Respondent: Competition Commission
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
2 April 2020
Case Number
IM141Dec19; DSC175Mar20
Procedural Posture
Urgent Application / Interlocutory Application to Compel Discovery
Outcome
The application to compel further and better discovery was resolved by agreement and made an order of the Tribunal.
Judges
M Mazwai, Y Carrim, T Vilakazi
Legal Topics
Discovery Procedure, Confidentiality Regime, Merger Review
Civil Procedure Commercial and Corporate Discovery Procedure Confidentiality Regime Merger Review

Case Brief

Summary, issues, holding and outcome

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Parties

Computershare South Africa

Applicant

JSE Limited

Respondent

Link Market Services South Africa (Pty) Ltd

Respondent

Competition Commission

Respondent

Procedural Posture

Urgent Application / Interlocutory Application to Compel Discovery

Legal Issues

  1. 1 Whether the respondents have complied with their discovery obligations in relation to specific categories of documents requested by the applicant.
  2. 2 Whether the confidentiality regime for document access is appropriate and sufficient.
  3. 3 Whether the applicant is entitled to further discovery or statements regarding the existence of documents.

Ratio Decidendi

The Tribunal found that the respondents had substantially complied with their discovery obligations by providing the requested documents or, where unavailable, undertaking to provide sworn statements confirming non-existence. The Tribunal accepted the parties' agreement regarding the confidentiality regime for document access and ordered that the outstanding affidavits and written statements be provided within specified timeframes. The applicant's requests for further revenue information were withdrawn, and the Tribunal made the parties' agreement an order of the Tribunal.

Court Disposition

The application to compel further and better discovery was resolved by agreement and made an order of the Tribunal.

Orders

  • The documents sought under item 9.1 have been provided and the request is satisfied.
  • The JSE will provide an affidavit confirming the absence of documents relating to conflicts of interest by 17h00 on 03 April 2020.