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)
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)
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…
Source excerpt
- Complaint Referral
- Leniency Agreement
- Leave To Appeal
- Cartel Prosecution
- Interpretation Of Competition Act
- Procedural Fairness