The Constitutional Court held that withdrawing a competition complaint is not “completed proceedings” under section 67(2) unless the merits were finally decided.
Competition Commission of South Africa v Pickfords Removals SA (Pty) Limited (CCT123/19) [2020] ZACC 14; 2020 (10) BCLR 1204 (CC); 2021 (3) SA 1 (CC); [2020] 1 CPLR 1 (CC) (24 June 2020)
Court
Constitutional Court
Case number
CCT 123/19
Judges
Mogoeng, Jafta, Khampepe, Madlanga, Majiedt, Mathopo, Mhlantla, Theron, Tshiqi, Victor
Section 67(1) of the Competition Act is a procedural time-bar, not a substantive prescription provision. The correct initiation date for the running of the three-year period is 3 November 2010, when the first complaint was initiated. The Tribunal has the power to condone non-compliance with section 67(1) under section 58(1)(c)(ii), provided good cause is shown. This interpretation is constitutionally compliant, promotes access to courts, and aligns with the objectives of the Competition Act. The Competition Appeal Court erred in finding that section 67(1) is an absolute time-bar and that the…
Clover Industries (Pty) Ltd and Others v Competion Commission and Others; Clover Industries (Pty) Ltd and Another v Lewis NO (79/CAC/JUL08;103/CR/DEC2008) [2008] ZAWCHC 297 (17 November 2008)
Court
Western Cape High Court, Cape Town
Case number
79/CAC/JUL08;103/CR/DEC2008
Judges
Davis, Mailula, Patel
The Court held that the letter from Mrs Malherbe did not constitute a complaint as defined under section 49B(2)(b) of the Competition Act, but was merely the provision of information. The legislative distinction between a complaint and information is material and cannot be blurred. Since Mrs Malherbe was not a complainant, there was no complaint, and the relevant statutory provisions regarding complaints did not apply. The appellants voluntarily entered into the leniency agreement with full knowledge of its terms and consequences, and there was no entitlement to immunity beyond what was agree…
American Soda Ash Corporation CHC Global (Pty) Ltd and Another v Competition Commission of South Africa and Others (leave to appeal) [2003] ZACAC 7 (30 October 2003)
Court
Competition Appeal Court
Case number
12/CAC/DEC01
Judges
Davis, Jali, Malan
The Competition Appeal Court refused leave to appeal, holding that the applicants showed no reasonable prospect of success on statutory interpretation or standing.
