Govchat Proprietary Limited and Another v Facebook Inc and others (IR165Nov20) [2021] ZACT 111 (11 November 2021)
- Citation
- [2021] ZACT 111
- Status
- Order
- Jurisdiction
- South Africa
- Court
- Competition Tribunal
- Panel
- Y Carrim, A Wessels, I Valodia
- Case number
- IR165Nov20
More details
- Court
- Competition Tribunal
- Panel
- Y Carrim, A Wessels, I Valodia
- Case number
- IR165Nov20
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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.
02
Material facts
Parties
Govchat Proprietary Limited
ApplicantHashtag Letstalk Proprietary Limited
ApplicantFacebook Inc.
RespondentWhatsApp Inc.
RespondentFacebook South Africa Proprietary Limited
RespondentCompetition Commission of South Africa
Respondent03
Procedural history
Posture
Urgent Application / Extension and Variation of Interim Relief
04
Questions and positions
Legal issues
- 01
Whether the March interim relief order should be further extended beyond its current expiry date.
- 02
Whether any variation to the terms of the interim relief order is warranted.
- 03
Who should bear the costs of the application.
Party arguments
- Applicant
- The applicants sought a further extension of the interim relief order originally granted on 11 March 2021, arguing that the circumstances necessitating the relief persist and that the extension is required to preserve the status quo pending final determination of the underlying dispute.
- Respondent
- The respondents did not oppose the extension of the interim relief order and made no submissions regarding costs, leaving the matter to the Tribunal's discretion.
05
Court’s reasoning
Legal principles
- 01
Competition Act, 89 of 1998
Interim relief may be extended where the circumstances justifying the original order continue to exist and the interests of justice require preservation of the status quo.
- 02
Competition Tribunal Rules
Costs are generally awarded at the Tribunal's discretion, taking into account the conduct of the parties and the nature of the proceedings.
06
Ratio, limits and disposition
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.
Obiter and limits
- The Tribunal notes that interim relief orders should not be extended indefinitely and parties are encouraged to expedite the resolution of the main dispute.
- The Tribunal reiterates that costs orders in interim relief applications will be determined on a case-by-case basis, considering fairness and the conduct of the parties.
Court disposition
The March interim relief order is extended to 11 March 2022. Each party is to bear its own costs.
- The March interim relief order is hereby further extended to 11 March 2022 (inclusive).
- Each party to bear its own costs.
Source and reliance status
Competition Tribunal
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Judgment reading view
Judgment text
The complete available source text.
Competition Tribunal
Order
COMPETITION
TRIBUNAL OF SOUTH AFRICA
Case No: IR165Nov20/EXT061Aug21
In the matter between:
GOVCHAT PROPRIETARY LIMITED First
Applicant
HASHTAG LETSTALK PROPRIETARY LIMITED Second
Applicant
and
FACEBOOK INC. First
Respondent
WHATSAPP INC. Second
Respondent
FACEBOOK SOUTH AFRICA PROPRIETARY LIMITED Third Respondent
COMPETITION COMMISSION OF SOUTH AFRICA Fourth Respondent
Panel: Y Carrim (Presiding Member)
A Wessels (Tribunal Member)
I Valodia (Tribunal Member)
Heard on: 11 November 2021
Decided on: 11 November 2021
ORDER
HAVING considered the application for the extension and variation of the interim relief order handed down under case number IR165Nov20 on 11 March 2021 ("March interim relief order"), and 2
TAKING NOTE that the March interim relief order was extended for a period of three months to 11 December 2021 by our order handed down on 13 September 2021, the Tribunal orders that:
1. The March interim relief order is hereby further extended to 11 March 2022 (inclusive).
2. Each party to bear its own costs.
Date: 11 November 2021
Ms Yasmin Carrim
Date Mr Andreas Wessels and Professor Imraan Valodia concurring
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