Computicket (Pty) Ltd v Competition Commission (20/CR/Apr10) [2012] ZACT 20; [2012] 1 CPLR 183 (CT) (22 March 2012)

Computicket (Pty) Ltd v Competition Commission (20/CR/Apr10) [2012] ZACT 20; [2012] 1 CPLR 183 (CT) (22 March 2012)

The Tribunal found the Commission's explanation for filing a supplementary affidavit reasonable, as it was prompted by Computicket's challenge to its bona fides and was intended to ensure all relevant facts were before the Tribunal. The supplementary affidavit was material to the determination of the dismissal application and its inclusion would not prejudice Computicket. The Commission's conduct in discovery and document management was attributed to poor case management rather than mala fides, and the application to strike out the additional documents was dismissed. The Tribunal held that internal reports and recommendations sought by Computicket were restricted information under rule...

Citation
[2012] ZACT 20
Parties
Applicant: Computicket (Pty) Ltd; Respondent: Competition Commission
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
22 March 2012
Case Number
20/CR/Apr10
Procedural Posture
Interlocutory Application / Decision on Interlocutory Applications: Condonation, Strike Out, and Discovery
Outcome
The Commission is granted leave to file its supplementary affidavit. Computicket's strike-out application and application to compel discovery are dismissed. No order as to costs.
Judges
Yasmin Carrim, Andreas Wessels, Lawrence Reyburn
Legal Topics
Restricted Information, Discovery in Application Proceedings, Litigation Privilege, Administrative Action Review, Strike Out Application
Competition Law Civil Procedure Restricted Information Discovery in Application Proceedings Litigation Privilege Administrative Action Review Strike Out Application

Case Brief

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Parties

Computicket (Pty) Ltd

Applicant

Competition Commission

Respondent

Procedural Posture

Interlocutory Application / Decision on Interlocutory Applications: Condonation, Strike Out, and Discovery

Legal Issues

  1. 1 Whether the Commission should be granted leave to file a supplementary affidavit in the dismissal application.
  2. 2 Whether the Commission's unilateral addition of documents to the record should be struck out.
  3. 3 Whether the Commission should be compelled to discover its internal reports and recommendations forming the basis of the referral decision.

Ratio Decidendi

The Tribunal found the Commission's explanation for filing a supplementary affidavit reasonable, as it was prompted by Computicket's challenge to its bona fides and was intended to ensure all relevant facts were before the Tribunal. The supplementary affidavit was material to the determination of the dismissal application and its inclusion would not prejudice Computicket. The Commission's conduct in discovery and document management was attributed to poor case management rather than mala fides, and the application to strike out the additional documents was dismissed. The Tribunal held that internal reports and recommendations sought by Computicket were restricted information under rule...

Court Disposition

The Commission is granted leave to file its supplementary affidavit. Computicket's strike-out application and application to compel discovery are dismissed. No order as to costs.

Orders

  • The Commission is granted leave to file its supplementary affidavit in the dismissal application.
  • Computicket's application to strike out the additional documents inserted by the Commission is dismissed.