Tiger Equity One (Pty) Ltd and Another v Competition Commission (019174) [2014] ZACT 91 (24 July 2014)

Tiger Equity One (Pty) Ltd and Another v Competition Commission (019174) [2014] ZACT 91 (24 July 2014)

The Tribunal found that the Competition Commission’s Notice CC 13(2) was not issued in accordance with the procedural requirements set out in the Competition Act. The applicants demonstrated that the notice was procedurally unfair and did not meet the standards of legality required for administrative action. As a result, the Tribunal set aside the notice.

Citation
[2014] ZACT 91
Parties
Applicant: Tiger Equity One (Pty) Ltd; Applicant: Murray and Roberts Ltd; Respondent: Competition Commission
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
24 July 2014
Case Number
019174
Procedural Posture
Review Application / Order
Outcome
The Competition Commission’s Notice CC 13(2) issued on 13 June 2014 is set aside.
Judges
N Manoim, T Madima, A Roskam
Legal Topics
Review of Commission Notice, Setting Aside Administrative Action
Competition Law Review of Commission Notice Setting Aside Administrative Action

Case Brief

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Parties

Tiger Equity One (Pty) Ltd

Applicant

Murray and Roberts Ltd

Applicant

Competition Commission

Respondent

Procedural Posture

Review Application / Order

Legal Issues

  1. 1 Whether the Competition Commission’s Notice CC 13(2) issued on 13 June 2014 should be set aside.

Ratio Decidendi

The Tribunal found that the Competition Commission’s Notice CC 13(2) was not issued in accordance with the procedural requirements set out in the Competition Act. The applicants demonstrated that the notice was procedurally unfair and did not meet the standards of legality required for administrative action. As a result, the Tribunal set aside the notice.

Court Disposition

The Competition Commission’s Notice CC 13(2) issued on 13 June 2014 is set aside.

Orders

  • The Competition Commission’s Notice CC 13(2) issued on 13 June 2014 under Competition Commission case number: 2014May0246 is set aside.