Astral Operations Ltd and Another v Competition Commission of South Africa (74/CR/Jun08)
Astral Operations Ltd and Another v Competition Commission of South Africa (74/CR/Jun08) [2010] ZACT 4; [2009] 2 CPLR 498 (CT) (25 January 2010)
The Tribunal held that the documents sought by Astral, including internal memoranda, investigation notes, and reports, are restricted under rule 14(1)(d) of the Commission rules and are not subject to disclosure. The Tribunal acknowledged its discretion under rule 15(1) but found no compelling reason to exercise it in Astral's favour. The Tribunal distinguished between criminal and administrative proceedings, noting that respondents in competition matters do not face imprisonment and do not enjoy the same fair trial rights as accused persons. The Tribunal found that the policy rationale for r…
Source excerpt
- Discovery Of Documents
- Restricted Information
- Fair Hearing Rights
- Internal Commission Documents