Competition Commission of South Africa v Beefcor (Pty) Ltd and Another (177/CAC/Nov19)
Competition Commission of South Africa v Beefcor (Pty) Ltd and Another (177/CAC/Nov19) [2020] ZACAC 5; [2020] 2 CPLR 507 (CAC); [2021] HIPR 178 (CAC) (3 August 2020)
The court held that once the Competition Commission refers a complaint to the Tribunal, the Tribunal acquires jurisdiction and the respondent is subjected to the process. Withdrawal of the complaint referral, effected by the prescribed CT8 form, brings the proceedings to an end and constitutes 'completed proceedings' under section 67(2) of the Competition Act. This interpretation aligns with constitutional protections against double jeopardy, ensuring finality and fairness for respondents. The Commission cannot reinstate or re-refer the same complaint after withdrawal, as this would allow rep…
Source excerpt
- Double Jeopardy
- Withdrawal Of Complaint
- Competition Act Section 67
- Tribunal Procedure
- Statutory Interpretation