Group Five Ltd v Competition Commission (139/CAC/Feb16) [2016] ZACAC 1; [2016] 2 CPLR 389 (CAC) (23 June 2016)

Group Five Ltd v Competition Commission (139/CAC/Feb16) [2016] ZACAC 1; [2016] 2 CPLR 389 (CAC) (23 June 2016)

The Competition Appeal Court held that Commission rule 15(1) grants a general right of access to Commission records to any person, including litigants, and is not limited by the procedural stage of litigation. The Tribunal erred in deferring Group Five's right of access until post-pleading discovery. The right to access is distinct from discovery and is not affected by the status of the requester. However, Group Five was not entitled to production under High Court rules 35(12) and (14) because the referral affidavit did not mention specific documents and Group Five did not demonstrate reasonable necessity for inspection prior to answering. The timing of Group Five's obligation to file...

Citation
[2016] ZACAC 1
Parties
Appellant: Group Five Ltd; Respondent: Competition Commission
Court
Competition Appeal Court
Jurisdiction
South Africa
Judgment Date
23 June 2016
Case Number
139/CAC/Feb16
Procedural Posture
Civil Appeal / Appeal Against Tribunal Order Refusing Production of Documents and Related Directions
Outcome
Appeal succeeds in part; Tribunal's order set aside and replaced with new directions regarding production of the record and filing of answering papers.
Judges
Davis JP, Rogers AJA, Boqwana AJA
Legal Topics
Commission Rule 15, Discovery Procedure, Access to Information, High Court Rule 35, Privileged Information
Competition Law Civil Procedure Commission Rule 15 Discovery Procedure Access to Information High Court Rule 35 Privileged Information

Case Brief

Summary, issues, holding and outcome

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Parties

Group Five Ltd

Appellant

Competition Commission

Respondent

Procedural Posture

Civil Appeal / Appeal Against Tribunal Order Refusing Production of Documents and Related Directions

Legal Issues

  1. 1 Whether Group Five is entitled to access the Commission's investigation record prior to filing its answering papers under Commission rule 15.
  2. 2 Whether the Tribunal correctly refused production of documents under High Court rules 35(12) and (14).
  3. 3 Whether the timing of Group Five's obligation to file answering papers is linked to the Commission's obligation to produce its record.

Ratio Decidendi

The Competition Appeal Court held that Commission rule 15(1) grants a general right of access to Commission records to any person, including litigants, and is not limited by the procedural stage of litigation. The Tribunal erred in deferring Group Five's right of access until post-pleading discovery. The right to access is distinct from discovery and is not affected by the status of the requester. However, Group Five was not entitled to production under High Court rules 35(12) and (14) because the referral affidavit did not mention specific documents and Group Five did not demonstrate reasonable necessity for inspection prior to answering. The timing of Group Five's obligation to file...

Court Disposition

Appeal succeeds in part; Tribunal's order set aside and replaced with new directions regarding production of the record and filing of answering papers.

Orders

  • The Commission must forthwith afford Group Five access to those portions of its record identified as 'not restricted' and any further portions no longer claimed as restricted.
  • Group Five must file its answer in the complaint proceedings within 20 business days after the date of this judgment.