Competition Commission v ZTE Corporation South Africa (Pty) Ltd and Another (CR015Apr16/Exc150Aug17) [2018] ZACT 65; [2018] 1 CPLR 366 (CT) (7 May 2018)
Court
Competition Tribunal
Case number
CR015Apr16/Exc150Aug17
Judges
Norman Manoim, Enver Daniels, Mondo Mazwai
The Tribunal dismissed ZTE SA’s exception to a complaint referral alleging customer allocation under section 4(1)(b)(ii) of the Competition Act.
Allens Meshco (Pty) Ltd and Others v Competition Commission and Others, Cape Gate (Pty) Ltd v Competition Commission and Others (63/CR/Sep09) [2010] ZACT 37 (28 May 2010)
Court
Competition Tribunal
Case number
63/CR/Sep09
Judges
Norman Manoim, Yasmin Carrim, Medi Mokuena
The Tribunal held that its proceedings are sui generis and not strictly bound by High Court rules, but may have regard to them where procedural gaps exist. The Tribunal found that fairness requires the production of documents expressly relied upon or quoted in the complaint referral, but not generic categories or documents merely inferred to exist. The application was granted in respect of specific items (emails, SMS, distribution agreement) directly referenced in the referral, but refused for items where the referral did not rely on the content or existence of the documents. The Tribunal ord…
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…
