Group Five Ltd v Competition Commission (139/CAC/Feb16)
Group Five Ltd v Competition Commission (139/CAC/Feb16) [2016] ZACAC 1; [2016] 2 CPLR 389 (CAC) (23 June 2016)
The Competition Appeal Court held that Commission rule 15(1) grants a general right of access to Commission records to any person, including litigants, and is not limited by the procedural stage of litigation. The Tribunal erred in deferring Group Five's right of access until post-pleading discovery. The right to access is distinct from discovery and is not affected by the status of the requester. However, Group Five was not entitled to production under High Court rules 35(12) and (14) because the referral affidavit did not mention specific documents and Group Five did not demonstrate reasona…
Source excerpt
- Commission Rule 15
- Discovery Procedure
- Access To Information
- High Court Rule 35
- Privileged Information