Geosystems Africa (Pty) Limited v Leica Geosystems AG (019505) [2014] ZACT 76 (7 October 2014)

Geosystems Africa (Pty) Limited v Leica Geosystems AG (019505) [2014] ZACT 76 (7 October 2014)

The Tribunal found that Leica's agreement to provide an affidavit regarding item 2 of the Discovery schedule was sufficient to resolve that aspect of the application. The Tribunal dismissed the application in respect of items 5 and 6, finding that the applicant had not established sufficient grounds for their production. No order as to costs was made.

Citation
[2014] ZACT 76
Parties
Applicant: Geosystems Africa (Pty) Limited; Respondent: Leica Geosystems AG
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
7 October 2014
Case Number
019505
Procedural Posture
Discovery Application / Order on Discovery Application
Outcome
Discovery application partly granted and partly dismissed.
Judges
Yasmin Carrim, Anton Roskam, Andreas Wesseis
Legal Topics
Discovery Procedure, Document Production, Distribution Agreements
Competition Law Discovery Procedure Document Production Distribution Agreements

Case Brief

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Parties

Geosystems Africa (Pty) Limited

Applicant

Leica Geosystems AG

Respondent

Procedural Posture

Discovery Application / Order on Discovery Application

Legal Issues

  1. 1 Whether Leica must provide an affidavit confirming the absence of further correspondence regarding the distribution of Geomos products.
  2. 2 Whether items 5 and 6 of GSA's Discovery schedule should be granted.

Ratio Decidendi

The Tribunal found that Leica's agreement to provide an affidavit regarding item 2 of the Discovery schedule was sufficient to resolve that aspect of the application. The Tribunal dismissed the application in respect of items 5 and 6, finding that the applicant had not established sufficient grounds for their production. No order as to costs was made.

Court Disposition

Discovery application partly granted and partly dismissed.

Orders

  • Leica must provide an affidavit confirming that no further correspondence exists between M. C. Breiers and representatives of Leica regarding the distribution of Geomos products by close of business on 08 October 2014.
  • The application in respect of items 5 and 6 of the Discovery schedule is dismissed.