Papercor CC v Finwood Papers (Pty) Ltd and Others [2000] ZACT 44 (20 October 2000)

Papercor CC v Finwood Papers (Pty) Ltd and Others [2000] ZACT 44 (20 October 2000)

The Tribunal held that the submission of a complaint to the Competition Commission in the prescribed manner is a jurisdictional prerequisite for an application for interim relief under section 59 of the Competition Act. The applicant filed its interim relief application before lodging a complaint, and the subsequent lodging of the complaint did not cure the initial defect. The Tribunal emphasized that the filing of an application and the lodging of a complaint are distinct procedures, each triggering separate processes before different bodies. The principles of natural justice cannot override statutory requirements where the Tribunal lacks jurisdiction. Accordingly, the application was...

Citation
[2000] ZACT 44
Parties
Applicant: Papercor CC; Respondent: Finwood Papers (Pty) Ltd; Respondent: Nampak Products Ltd t/a Peters & Spicers; Respondent: Arjo Wiggins Merchants SA Ltd t/a Haddons-Star & First Paper House; Respondent: Paperlink (Pty) Limited
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
20 October 2000
Case Number
51/IR/Apr00
Procedural Posture
Interim Relief Application / Point in Limine Decided
Outcome
Application dismissed with costs.
Judges
Norman Manoim, U. Bhoola, C. Qunta
Legal Topics
Interim Relief, Jurisdictional Precondition, Complaint Initiation, Natural Justice
Competition Law Civil Procedure Interim Relief Jurisdictional Precondition Complaint Initiation Natural Justice

Case Brief

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Parties

Papercor CC

Applicant

Finwood Papers (Pty) Ltd

Respondent

Nampak Products Ltd t/a Peters & Spicers

Respondent

Arjo Wiggins Merchants SA Ltd t/a Haddons-Star & First Paper House

Respondent

Paperlink (Pty) Limited

Respondent

Procedural Posture

Interim Relief Application / Point in Limine Decided

Legal Issues

  1. 1 Whether the Tribunal had jurisdiction to hear an interim relief application before a complaint was lodged with the Competition Commission.
  2. 2 Whether the filing of an interim relief application with the Tribunal constitutes the submission of a complaint to the Commission under section 44.
  3. 3 Whether principles of natural justice override statutory jurisdictional requirements.

Ratio Decidendi

The Tribunal held that the submission of a complaint to the Competition Commission in the prescribed manner is a jurisdictional prerequisite for an application for interim relief under section 59 of the Competition Act. The applicant filed its interim relief application before lodging a complaint, and the subsequent lodging of the complaint did not cure the initial defect. The Tribunal emphasized that the filing of an application and the lodging of a complaint are distinct procedures, each triggering separate processes before different bodies. The principles of natural justice cannot override statutory requirements where the Tribunal lacks jurisdiction. Accordingly, the application was...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs, such costs to be awarded to each respondent on a party and party basis and to include the fees of an additional representative, provided the additional representative's fees do not exceed one half of those of the first representative.