Premier Foods v Manoim NO (20147/2014)
Premier Foods v Manoim NO (20147/2014) [2015] ZASCA 159; 2016 (1) SA 445 (SCA); [2016] 1 All SA 40 (SCA); [2015] 2 CPLR 335 (SCA) (4 November 2015)
The Supreme Court of Appeal held that the Competition Tribunal lacked the power to make a declaration against Premier Foods because Premier was not cited as a respondent in the complaint referrals and no relief was sought against it. The Tribunal's jurisdiction is limited to matters properly referred to it, and the absence of citation is fatal to its power to make any order against Premier. The declaration made by the Tribunal is therefore a nullity and does not require formal setting aside before it can be disregarded by a court. Consequently, neither the Tribunal nor its Chairperson can law…
Source excerpt
- Corporate Leniency Policy
- Prohibited Practices
- Cartel Activity
- Jurisdiction Of Tribunal
- Declaration Nullity
- Damages Claims