Emedia Investments Proprietary Limited v Multichoice Proprietary Limited and Another (IR194Mar22/EXT035May24) [2024] ZACT 23 (14 June 2024)
The Tribunal found that, by agreement between the applicant and the first respondent, and without any admission of entitlement to final relief, the interim order preventing the removal of the applicant's four channels from the DStv platform should be extended. The extension is granted to ensure that the status quo...
Source-derived case information.
- Citation
- [2024] ZACT 23
- Parties
- Applicant: Emedia Investments Proprietary Limited; Respondent: Multichoice Proprietary Limited; Respondent: The Competition Commission
- Court
- Competition Tribunal
- Jurisdiction
- South Africa
- Case Number
- IR194Mar22/EXT035May24
- Procedural Posture
- Urgent Application / Application for Extension of Interim Relief Order
- Outcome
- Interim relief order extended for a further period, pending final determination of the complaint referral or for six months, whichever is earlier. No order as to costs.
- Judges
- M Mondo, L Mncube, G Budlender
- Legal Topics
- Interim Relief, Channel Removal, Platform Access, Complaint Referral
Source-derived case record
Summary, issues, holding and outcome
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Parties
Emedia Investments Proprietary Limited
Applicant
Multichoice Proprietary Limited
Respondent
The Competition Commission
Respondent
Procedural Posture
Urgent Application / Application for Extension of Interim Relief Order
Legal Issues
- 1 Whether the interim relief order preventing the removal of the applicant's channels from the DStv platform should be further extended.
- 2 What is the appropriate duration for the extension of the interim order pending the final determination of the complaint referral.
Ratio Decidendi
The Tribunal found that, by agreement between the applicant and the first respondent, and without any admission of entitlement to final relief, the interim order preventing the removal of the applicant's four channels from the DStv platform should be extended. The extension is granted to ensure that the status quo is maintained pending the final determination of the complaint referral or for a period not exceeding six months from the date of the order, whichever occurs first. The Tribunal considered the procedural history of previous extensions and the absence of opposition to the current application. No order as to costs was made.
Court Disposition
Interim relief order extended for a further period, pending final determination of the complaint referral or for six months, whichever is earlier. No order as to costs.
Orders
- The interim order preventing the removal of the applicant's channels (eExtra, eToonz, eMovies, and eMovies Extra) from the DStv platform is extended for a further period not exceeding the earlier of the date of the Tribunal's order on the complaint referral or six months from the date of this order.
- No order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
COMPETITION TRIBUNAL OF SOUTH AFRICA
Case no.: IR194Mar22/EXT035May24
In the matter between: EMEDIA INVESTMENTS PROPRIETARY LIMITED Applicant and MULTICHOICE PROPRIETARY LIMITED First Respondent THE COMPETITION COMMISSION Second Respondent
Panel:
Ms M Mondo (Presiding Member)
Prof. L Mncube (Tribunal Member)
Adv G Budlender SC (Tribunal Member)
Heard on: 14 June 2024
Order Issued on: 14 June 2024
ORDER
Having considered the application for the extension of the interim relief order granted by the Competition Appeal Court on 01 August 2022 under Case No: 201/CAC/JUN22, extended by the Competition Tribunal under Case No: IR194Mar22/EXT151Nov22 on 31 January 2023, and further extended by the Competition Tribunal on 18 December 2023 under Case No:IR194Mar22/EXT061JUL23, and by agreement between the applicant and the first respondent, without any admission by the first respondent that the applicant is entitled to the relief sought in the application instituted by the applicant under the above case number on 28 May 2024, the Competition Tribunal orders as follows:
1. The interim order granted by the Competition Tribunal with effect from 18 December 2023, in terms of which the first respondent is interdicted from removing four of the applicant's channels (namely eExtra, eToonz, eMovies and eMovies Extra) from the bouquets of channels on the DStv platform of which they currently form part, is extended for a further period not exceeding the earlier of:
1.1. The date of the conclusion of the hearing of eMedia's Complaint referral, being the date on which the Tribunal's order is handed down; or
1.2. The date that is 6 months after the date of issue of this order.
2. No order as to costs.
Presiding Member
14 June 2024
Ms Mondo Mazwai
Date
Concurring: Professor Liberty Mncube and Advocate Geoff Budlender SC