Woodlands Dairy (Pty) Ltd and Another v Competition Commission (88/CAC/MAR09) [2009] ZACT 69 (7 December 2009)

Woodlands Dairy (Pty) Ltd and Another v Competition Commission (88/CAC/MAR09) [2009] ZACT 69 (7 December 2009)

The court held that clarification of its previous order was warranted only to the extent that it applied to all annexures obtained by the Competition Commission from Woodlands pursuant to the invalid summons and interrogation, and that references to such annexures must be deleted from affidavits. The court rejected the broader clarification sought by the appellants regarding discovery affidavits, finding no basis to extend the order beyond the relief originally sought. On the application for special leave to appeal, the court found that the appellants failed to demonstrate reasonable prospects of success or special circumstances justifying further appeal. The argument that the Competition...

Citation
[2009] ZACT 69
Parties
Appellant: Woodlands Dairy (Pty) Limited; Appellant: Milkwood Dairy (Pty) Limited; Respondent: Competition Commission
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
7 December 2009
Case Number
88/CAC/MAR09
Procedural Posture
Leave to Appeal / Application for Clarification of Order; Application for Leave to Appeal; Cross Appeal
Outcome
The appeal and cross-appeal are dismissed. The previous order is clarified as set out. No order as to costs.
Judges
Davis, Patel, Dambuza
Legal Topics
Initiation of Complaints, Invalid Summons, Special Leave to Appeal, Scope of Discovery, Industry Wide Investigation
Competition Law Civil Procedure Initiation of Complaints Invalid Summons Special Leave to Appeal Scope of Discovery Industry Wide Investigation

Case Brief

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Parties

Woodlands Dairy (Pty) Limited

Appellant

Milkwood Dairy (Pty) Limited

Appellant

Competition Commission

Respondent

Procedural Posture

Leave to Appeal / Application for Clarification of Order; Application for Leave to Appeal; Cross Appeal

Legal Issues

  1. 1 Whether the court's previous order required clarification regarding the use of documents obtained under an invalid summons.
  2. 2 Whether special leave to appeal should be granted to challenge the validity of complaints initiated by the Competition Commission.
  3. 3 Whether the cross-appeal regarding the scope of section 49B investigations and summonses should be allowed.

Ratio Decidendi

The court held that clarification of its previous order was warranted only to the extent that it applied to all annexures obtained by the Competition Commission from Woodlands pursuant to the invalid summons and interrogation, and that references to such annexures must be deleted from affidavits. The court rejected the broader clarification sought by the appellants regarding discovery affidavits, finding no basis to extend the order beyond the relief originally sought. On the application for special leave to appeal, the court found that the appellants failed to demonstrate reasonable prospects of success or special circumstances justifying further appeal. The argument that the Competition...

Court Disposition

The appeal and cross-appeal are dismissed. The previous order is clarified as set out. No order as to costs.

Orders

  • Paragraph 1.3 of the order applies to all annexures obtained by the Competition Commission from Woodlands pursuant to the invalid summons and interrogation and attached to affidavits currently included in the papers filed by the Commission before the Competition Tribunal in the main proceedings.
  • Paragraph 1.3 of the order requires the deletion from such affidavits of all references to and reliance upon such annexures.