Nasnuus v Competition Commission; CT Media Publications (Pty) Ltd v Competition Commission [2000] ZACT 22 (26 May 2000)

Nasnuus v Competition Commission; CT Media Publications (Pty) Ltd v Competition Commission [2000] ZACT 22 (26 May 2000)

The Tribunal held that the Commission's extension of the consideration period to a specific date, rather than a number of days, rendered the saving provisions of the Interpretation Act and Commission Rules inapplicable. The statutory language and purpose of section 14(2) of the Competition Act require strict adherence to the time periods prescribed. Since the Commission failed to issue its prohibition certificate by the specified date, the mergers are deemed to have been approved by operation of law. The Tribunal found that neither the Interpretation Act nor the Commission Rules could be invoked to extend the deadline to the next business day, and the common law does not provide relief in...

Citation
[2000] ZACT 22
Parties
Applicant: Nasnuus, a division of Nasionale Media Limited; Applicant: CT Media Publications (Pty) Ltd; Respondent: Competition Commission of South Africa
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
26 May 2000
Case Number
27/AM/Mar00; 34/AM/Mar00
Procedural Posture
Review Application / Tribunal Review of Competition Commission Merger Prohibition
Outcome
The Tribunal found the Commission's prohibitions invalid and deemed the mergers approved in terms of section 14(2) of the Competition Act.
Judges
N.M. Manoim, U. Bhoola, C. Qunta
Legal Topics
Merger Control, Intermediate Merger, Time Computation, Clearance Certificate
Competition Law Commercial and Corporate Merger Control Intermediate Merger Time Computation Clearance Certificate

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Nasnuus, a division of Nasionale Media Limited

Applicant

CT Media Publications (Pty) Ltd

Applicant

Competition Commission of South Africa

Respondent

Procedural Posture

Review Application / Tribunal Review of Competition Commission Merger Prohibition

Legal Issues

  1. 1 Whether the Competition Commission's prohibition of the mergers was made within the statutory time period required by section 14(2) of the Competition Act.
  2. 2 Whether the Commission's extension of the consideration period to a specific date falling on a Sunday allowed it to issue a prohibition on the following Monday.
  3. 3 Whether the Interpretation Act or the Commission Rules permit extension of the statutory deadline when the last day falls on a Sunday.

Ratio Decidendi

The Tribunal held that the Commission's extension of the consideration period to a specific date, rather than a number of days, rendered the saving provisions of the Interpretation Act and Commission Rules inapplicable. The statutory language and purpose of section 14(2) of the Competition Act require strict adherence to the time periods prescribed. Since the Commission failed to issue its prohibition certificate by the specified date, the mergers are deemed to have been approved by operation of law. The Tribunal found that neither the Interpretation Act nor the Commission Rules could be invoked to extend the deadline to the next business day, and the common law does not provide relief in...

Court Disposition

The Tribunal found the Commission's prohibitions invalid and deemed the mergers approved in terms of section 14(2) of the Competition Act.

Orders

  • The Competition Commission is directed to issue clearance certificates to the parties.
  • The Commission is ordered to comply with Rule 33(2) of the Commission Rules.