Computicket (Pty) Ltd v Competition Commission of South Africa (118/CAC/APR12) [2012] ZACAC 7; [2013] 1 CPLR 26 (CAC) (29 October 2012)

Computicket (Pty) Ltd v Competition Commission of South Africa (118/CAC/APR12) [2012] ZACAC 7; [2013] 1 CPLR 26 (CAC) (29 October 2012)

The Tribunal's refusal to order discovery and production of documents placed before the Competition Commission when it decided to refer the complaint is appealable, as irretrievable prejudice would result if the appellant were denied access to the evidence necessary for a proper review. The referral decision is reviewable under the constitutional principle of legality, requiring objective rationality and reasonable grounds for the decision. The appellant is entitled to the production of the record, meaning all materials, reports, recommendations, and evidence that served before the decision maker, subject to legitimate claims of privilege under Rule 14. The Tribunal erred in limiting...

Citation
[2012] ZACAC 7
Parties
Appellant: Computicket (Pty) Limited; Respondent: Competition Commission of South Africa
Court
Competition Appeal Court
Jurisdiction
South Africa
Judgment Date
29 October 2012
Case Number
118/CAC/APR12
Procedural Posture
Civil Appeal / Appeal Against Interlocutory Order Refusing Discovery in Review Application Before the Competition Tribunal
Outcome
Appeal upheld. Tribunal's order refusing discovery is set aside and substituted with orders compelling discovery and production of specified documents. Costs awarded to appellant.
Judges
Swain AJA, Davis JP, Dambuza JA
Legal Topics
Discovery in Review Proceedings, Jurisdictional Facts, Constitutional Principle of Legality, Administrative Action Exclusion, Competition Act Section 50, Rule 14 Privilege
Civil Procedure Competition Law Discovery in Review Proceedings Jurisdictional Facts Constitutional Principle of Legality Administrative Action Exclusion Competition Act Section 50 Rule 14 Privilege

Case Brief

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Parties

Computicket (Pty) Limited

Appellant

Competition Commission of South Africa

Respondent

Procedural Posture

Civil Appeal / Appeal Against Interlocutory Order Refusing Discovery in Review Application Before the Competition Tribunal

Legal Issues

  1. 1 Whether the Tribunal's refusal to order discovery and production of documents is appealable.
  2. 2 Whether the appellant is entitled to discovery and production of all materials placed before the decision maker when the referral decision was made.
  3. 3 What is the correct legal basis for reviewing the Competition Commission's referral decision.

Ratio Decidendi

The Tribunal's refusal to order discovery and production of documents placed before the Competition Commission when it decided to refer the complaint is appealable, as irretrievable prejudice would result if the appellant were denied access to the evidence necessary for a proper review. The referral decision is reviewable under the constitutional principle of legality, requiring objective rationality and reasonable grounds for the decision. The appellant is entitled to the production of the record, meaning all materials, reports, recommendations, and evidence that served before the decision maker, subject to legitimate claims of privilege under Rule 14. The Tribunal erred in limiting...

Court Disposition

Appeal upheld. Tribunal's order refusing discovery is set aside and substituted with orders compelling discovery and production of specified documents. Costs awarded to appellant.

Orders

  • The appeal is upheld and paragraph 71 of the Tribunal’s decision is substituted by the following orders.
  • The respondent is directed to discover the reports and recommendations which were placed before the Competition Commissioner and/or the Executive Committee of the Competition Commission when the decision was taken to refer the complaints of alleged dominance against the appellant to the Competition Tribunal, subject...