Competition Commission v Beefcor (Pty) Ltd and Another (CR172Sep17/0TH1990ct18)
Competition Commission v Beefcor (Pty) Ltd and Another (CR172Sep17/0TH1990ct18) [2019] ZACT 69 (17 October 2019)
The Tribunal found that the Commission's withdrawal notice constituted a withdrawal of the complaint referral against the respondents, not merely a removal from the Tribunal roll. The withdrawal did not amount to a settlement, as no written agreement or Tribunal order confirmed settlement terms. The Tribunal held that completed proceedings under section 67(2) require a decision on the conduct, which did not occur here; thus, the Commission is not precluded from initiating a new complaint if justified by new facts or evidence. However, the Commission failed to provide adequate explanation for…
Source excerpt
- Withdrawal Of Complaint
- Completed Proceedings
- Section 67 2 Competition Act
- Abuse Of Process
- Settlement Vs Withdrawal