South Africa Case Law

Competition Commission v Geomatic Quarry Sales (Pty) Ltd t/a Quarry Co and Others (76/CR/NOV09)

Competition Commission v Geomatic Quarry Sales (Pty) Ltd t/a Quarry Co and Others (76/CR/NOV09) [2011] ZACT 37 (15 June 2011)

Court

Competition Tribunal

Case number

76/CR/NOV09

Judges

Yasmin Carrim, Andreas Wessels, Takalani Madima

The Tribunal held that the Commission’s complaint referral was time-barred because the first extension of the section 50 investigation period was agreed too late.

• Section 50 Time Limit
• Complaint Referral
• Extension Of Investigation Period
• Oral Vs Written Agreement
• Administrative Recordkeeping
• Competition-law

Omnia Fertilizer Limited v Competition Commission and Others; Sasol Chemical Industries Limited v Competition Commission and Others

Omnia Fertilizer Limited v Competition Commission and Others; Sasol Chemical Industries Limited v Competition Commission and Others [2006] ZACAC 8; [2006] ZACAC 2 (28 April 2006)

Court

Competition Appeal Court

Case number

51/CAC/Jun05; 52/CAC/Jun05

Judges

Malan, Patel, Jali

The Competition Appeal Court held that section 50(4)(a) of the Competition Act does not limit the Commission and a complainant to a single extension of the investigation period. Multiple extensions are permissible provided each is agreed before the expiry of the previous period. The use of the singular 'period' is not decisive, and the Interpretation Act allows singular words to include the plural unless the contrary intention appears. The Court found that the second complaint was not identical to the first; it included new facts, implicated additional parties, and addressed new contravention…

Source excerpt

• Referral Of Complaints
• Extension Of Investigation Period
• Functus Officio
• Res Judicata
• Statutory Interpretation