Invensys PLC and Others v Protea Technology (Pty) Ltd and Others (31/IR/Apr11) [2012] ZACT 97 (21 November 2012)

Invensys PLC and Others v Protea Technology (Pty) Ltd and Others (31/IR/Apr11) [2012] ZACT 97 (21 November 2012)

The Tribunal held that settled law confirms its discretion to award costs under Rule 50(3) of the Tribunal Rules, even in circumstances not covered by Section 57(2) of the Competition Act. The withdrawal of both the complaint referral and interim relief application by the Respondents, without a tender for costs, entitled the Applicants to seek a costs order. The Tribunal found no special circumstances, such as the initiation of fresh litigation, that would justify refusing the Applicants their costs. The costs incurred by the Applicants were necessary and justifiable, given the Respondents' actions. The Tribunal therefore ordered the First, Second, and Third Respondents to pay the...

Citation
[2012] ZACT 97
Parties
Applicant: Invensys PLC; Applicant: Invensys Systems (UK) Limited; Applicant: Eurotherm Limited; Respondent: Protea Technology (Pty) Ltd; Respondent: Protea Automation Solutions (Pty) Limited; Respondent: Protea Electronics (Pty) Limited; Respondent: EOH Holdings Limited
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
21 November 2012
Case Number
31/IR/Apr11
Procedural Posture
Costs Application / Post Withdrawal Costs Determination
Outcome
Costs awarded in favour of the Applicants against the First, Second, and Third Respondents, jointly and severally, on a party and party scale for the withdrawn complaint referral, interim relief application, and the present costs application, including the costs of one counsel.
Judges
Norman Manoim, Andiswa Ndoni, Lawrence Reyburn
Legal Topics
Withdrawal of Complaint, Costs Award, Abuse of Dominance, Interim Relief, Party and Party Costs
Competition Law Civil Procedure Withdrawal of Complaint Costs Award Abuse of Dominance Interim Relief Party and Party Costs

Case Brief

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Parties

Invensys PLC

Applicant

Invensys Systems (UK) Limited

Applicant

Eurotherm Limited

Applicant

Protea Technology (Pty) Ltd

Respondent

Protea Automation Solutions (Pty) Limited

Respondent

Protea Electronics (Pty) Limited

Respondent

EOH Holdings Limited

Respondent

Procedural Posture

Costs Application / Post Withdrawal Costs Determination

Legal Issues

  1. 1 Whether the Applicants are entitled to a costs order against the Respondents following withdrawal of complaint referral and interim relief application.
  2. 2 Whether Rule 50(3) of the Competition Tribunal Rules expands the Tribunal's power to award costs beyond Section 57(2) of the Competition Act.
  3. 3 Whether any special circumstances exist to justify refusing a costs order against the Respondents.

Ratio Decidendi

The Tribunal held that settled law confirms its discretion to award costs under Rule 50(3) of the Tribunal Rules, even in circumstances not covered by Section 57(2) of the Competition Act. The withdrawal of both the complaint referral and interim relief application by the Respondents, without a tender for costs, entitled the Applicants to seek a costs order. The Tribunal found no special circumstances, such as the initiation of fresh litigation, that would justify refusing the Applicants their costs. The costs incurred by the Applicants were necessary and justifiable, given the Respondents' actions. The Tribunal therefore ordered the First, Second, and Third Respondents to pay the...

Court Disposition

Costs awarded in favour of the Applicants against the First, Second, and Third Respondents, jointly and severally, on a party and party scale for the withdrawn complaint referral, interim relief application, and the present costs application, including the costs of one counsel.

Orders

  • The First, Second and Third Respondents are jointly and severally ordered to pay the Applicants' costs on the party and party scale in the withdrawn complaint referral under Section 51(1), in the withdrawn interim relief application under Section 49C, and in this application.
  • The costs awarded are to include the costs of one counsel.