Govchat Proprietary Limited and Another v Facebook Inc and others (IR165Nov20) [2021] ZACT 111 (11 November 2021)

Govchat Proprietary Limited and Another v Facebook Inc and others (IR165Nov20) [2021] ZACT 111 (11 November 2021)

The Tribunal found that the circumstances underpinning the original interim relief order had not materially changed and that a further extension was justified to maintain the status quo pending resolution of the main dispute. The Tribunal exercised its discretion to order that each party bear its own costs, given the absence of opposition and the nature of the application.

Citation
[2021] ZACT 111
Parties
Applicant: Govchat Proprietary Limited; Applicant: Hashtag Letstalk Proprietary Limited; Respondent: Facebook Inc.; Respondent: WhatsApp Inc.; Respondent: Facebook South Africa Proprietary Limited; Respondent: Competition Commission of South Africa
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
11 November 2021
Case Number
IR165Nov20
Procedural Posture
Urgent Application / Extension and Variation of Interim Relief
Outcome
The March interim relief order is extended to 11 March 2022. Each party is to bear its own costs.
Judges
Y Carrim, A Wessels, I Valodia
Legal Topics
Interim Relief, Extension of Order, Costs Order
Competition Law Interim Relief Extension of Order Costs Order

Case Brief

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Parties

Govchat Proprietary Limited

Applicant

Hashtag Letstalk Proprietary Limited

Applicant

Facebook Inc.

Respondent

WhatsApp Inc.

Respondent

Facebook South Africa Proprietary Limited

Respondent

Competition Commission of South Africa

Respondent

Procedural Posture

Urgent Application / Extension and Variation of Interim Relief

Legal Issues

  1. 1 Whether the March interim relief order should be further extended beyond its current expiry date.
  2. 2 Whether any variation to the terms of the interim relief order is warranted.
  3. 3 Who should bear the costs of the application.

Ratio Decidendi

The Tribunal found that the circumstances underpinning the original interim relief order had not materially changed and that a further extension was justified to maintain the status quo pending resolution of the main dispute. The Tribunal exercised its discretion to order that each party bear its own costs, given the absence of opposition and the nature of the application.

Court Disposition

The March interim relief order is extended to 11 March 2022. Each party is to bear its own costs.

Orders

  • The March interim relief order is hereby further extended to 11 March 2022 (inclusive).
  • Each party to bear its own costs.