Competition Commission South Africa v Pentel South Africa (Pty) Ltd (27/CR/Apr11) [2011] ZACT 89; [2011] 2 CPLR 352 (CT) (27 October 2011)
Court
Competition Tribunal
Case number
27/CR/Apr11
Judges
Norman Manoim, Andiswa Ndoni, Medi Mokuena
The Competition Tribunal held that a withdrawn complaint could be reinitiated by the Commissioner as a new complaint, so prescription did not bar referral.
Clover Industries Limited and others v Competition Commission; Competition Commission v Clover Industries Limited and Others (103/CR/Dec06) [2008] ZACT 46; [2008] 2 CPLR 312 (CT) (23 June 2008)
Court
Competition Tribunal
Case number
103/CR/Dec06
Judges
D Lewis, N Manoim, Y Carrim
The Tribunal found that Mrs Malherbe's letter did not constitute a formal complaint under section 49B(2)(b) of the Competition Act, but was merely a submission of information under section 49B(2)(a). The investigation was initiated by the Commissioner under section 49B(1), and therefore the time frames for referral in section 50(2) did not apply. The Tribunal held that the corporate leniency agreement granted Clover immunity only for specified conduct and not for all charges, and that the C-milk and milk balancing schemes were distinct. The Tribunal further determined that any alleged unfairn…
