South African Breweries and Others v Competition Commision (134/CR/DEC07) [2011] ZACT 73; [2011] 2 CPLR 403 (CT) (16 September 2011)

South African Breweries and Others v Competition Commision (134/CR/DEC07) [2011] ZACT 73; [2011] 2 CPLR 403 (CT) (16 September 2011)

The Tribunal found that the complaint referral was not founded on the complaint as initiated by the complainants. The initiating document (Annexure B to the CC1 form) did not contain the factual basis for the claims referred by the Commission, specifically those relating to exclusive territories and price discrimination in favour of appointed distributors. The Tribunal held that subsequent correspondence cannot amend or expand the complaint, and that only the complaint and documents annexed at the time of initiation are relevant. The appointed distributors were not cited as respondents in the original complaint, and therefore no case was made out against them. The Tribunal further held...

Citation
[2011] ZACT 73
Parties
Applicant: South African Breweries Limited; Applicant: Appointed Distributors; Respondent: Competition Commission
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
16 September 2011
Case Number
134/CR/DEC07
Procedural Posture
Dismissal Application / Application for Dismissal of Complaint Referral on Jurisdictional Grounds
Outcome
Application for dismissal of complaint referral granted; Tribunal lacks jurisdiction to consider the referral.
Judges
Norman Manoim, Yasmin Carrim, Merle Holden
Legal Topics
Complaint Initiation, Jurisdictional Precondition, Referral Requirements, Amendment of Initiating Document, Price Discrimination, Exclusive Territories
Competition Law Civil Procedure Complaint Initiation Jurisdictional Precondition Referral Requirements Amendment of Initiating Document Price Discrimination Exclusive Territories

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 5 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

South African Breweries Limited

Applicant

Appointed Distributors

Applicant

Competition Commission

Respondent

Procedural Posture

Dismissal Application / Application for Dismissal of Complaint Referral on Jurisdictional Grounds

Legal Issues

  1. 1 Whether the complaint referral by the Competition Commission is founded on the complaint as initiated by the complainants.
  2. 2 Whether correspondence annexed or subsequent to the complaint can expand the ambit of the initiating document.
  3. 3 Whether the Commission may add particulars to the complaint referral without a separate initiation.

Ratio Decidendi

The Tribunal found that the complaint referral was not founded on the complaint as initiated by the complainants. The initiating document (Annexure B to the CC1 form) did not contain the factual basis for the claims referred by the Commission, specifically those relating to exclusive territories and price discrimination in favour of appointed distributors. The Tribunal held that subsequent correspondence cannot amend or expand the complaint, and that only the complaint and documents annexed at the time of initiation are relevant. The appointed distributors were not cited as respondents in the original complaint, and therefore no case was made out against them. The Tribunal further held...

Court Disposition

Application for dismissal of complaint referral granted; Tribunal lacks jurisdiction to consider the referral.

Orders

  • The complaint referral is dismissed for lack of jurisdiction.
  • No costs order is made against the Commission or in favour of the respondents.