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South Africa Order

Competition Tribunal

eMedia Investments Proprietary Limited v Multichoice Proprietary Limited and Another (IR194Mar22; EXT151Nov22) [2022] ZACT 106; [2023] 1 CPLR 12 (CT) (19 December 2022)

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Source document

01

Holding and result

The Tribunal found that the extension of the interim relief order was justified and necessary to preserve the status quo pending the final determination of the complaint initiated by the applicant. The extension was agreed to by both the applicant and the first respondent, and there was no opposition from the second respondent. The Tribunal considered the potential harm to the applicant if the channels were removed and determined that the extension would prevent prejudice and allow for a fair hearing of the complaint. The order was granted for a further period pending the conclusion of the complaint hearing or for six months, whichever occurs first.

Court disposition

Interim relief order extended; channels to remain on DStv bouquets pending complaint hearing or for six months.

Orders

  • The first respondent is interdicted from removing four of the applicant’s channels (E.tv Extra, eToonz, eMovies, and eMovies Extra) from the DStv bouquets of which they currently form part, for a further period pending the conclusion of the complaint hearing or for six months, whichever occurs first.
  • No order as to costs.

02

Material facts

Parties

eMedia Investments Proprietary Limited

Applicant

Multichoice Proprietary Limited

Respondent

The Competition Commission

Respondent

03

Procedural history

  1. Posture

    Urgent Application / Interim Relief Extension Order

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant argued that the interim relief order should be extended to prevent irreparable harm to its business interests and to maintain the status quo until the complaint is fully adjudicated. The applicant submitted that the removal of its channels from the DStv bouquets would negatively impact its viewership and commercial viability.
Respondent
The first respondent agreed to the extension of the interim relief order as proposed by the applicant. No substantive opposition was raised to the extension, and the second respondent did not oppose the application.

05

Court’s reasoning

  1. 01

    Competition Act, 89 of 1998

    Interim relief may be extended where the parties agree and the Tribunal is satisfied that the extension is necessary to preserve the status quo pending final determination of the complaint.

  2. 02

    CAC CASE NO:201/CAC/JUN22

    The Tribunal may grant an extension of an interim order where it is just and equitable to do so, considering the interests of all parties.

06

Ratio, limits and disposition

Ratio decidendi

The Tribunal found that the extension of the interim relief order was justified and necessary to preserve the status quo pending the final determination of the complaint initiated by the applicant. The extension was agreed to by both the applicant and the first respondent, and there was no opposition from the second respondent. The Tribunal considered the potential harm to the applicant if the channels were removed and determined that the extension would prevent prejudice and allow for a fair hearing of the complaint. The order was granted for a further period pending the conclusion of the complaint hearing or for six months, whichever occurs first.

Obiter and limits

  • The Tribunal noted the cooperative approach of the parties in agreeing to the extension, which facilitated the efficient resolution of interim relief matters.
  • No order as to costs was made, reflecting the absence of opposition and the consensual nature of the application.

Court disposition

Interim relief order extended; channels to remain on DStv bouquets pending complaint hearing or for six months.

  • The first respondent is interdicted from removing four of the applicant’s channels (E.tv Extra, eToonz, eMovies, and eMovies Extra) from the DStv bouquets of which they currently form part, for a further period pending the conclusion of the complaint hearing or for six months, whichever occurs first.
  • No order as to costs.

Source and reliance status

Competition Tribunal

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Judgment text

The complete available source text.

Source document

Competition Tribunal

Order

[2022] ZACT 106

IN THE COMPETITION

TRIBUNAL OF SOUTH AFRICA

Case no.: IR194Mar22/EXT151Nov22

In the matter between:

EMEDIA

INVESTMENTS

PROPRIETARY LIMITED Applicant

and

MULTICHOICE

PROPRIETARY LIMITED First Respondent

THE

COMPETITION COMMISSION Second Respondent

Panel: M Mazwai (Presiding Member) A Ndoni (Tribunal Member) L Mncube (Tribunal Member) Heard on: 15 December 2022 Order Issued on: 19 December 2022

ORDER

HAVING considered the extension application agreed to by the applicant and the first respondent and the interim relief order granted by the Competition Appeal Court handed down on 1 August 2022 under case number CAC CASE NO:201/CAC/JUN22, the Tribunal orders that:

1. The first respondent is interdicted from removing four of the applicant’s channels (namely E.tv Extra, eToonz, eMovies and eMovies Extra) from the DStv bouquets of which they currently form part, be extended for a further period pending (1) the conclusion of the hearing into the complaint initiated by the applicant; or (2) a further period of 6 months, whichever occurs first.

2. No order as to costs.

Date: 19 December 2022

Presiding Member Ms Mondo Mazwai

Concurring: Professor Liberty Mncube and Ms Andiswa Ndoni

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

CAC CASE NO:201/CAC/JUN22

Case cited

Competition Act, 89 of 1998

Legislation

Legislation referenced in the available case record.

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