Continental Tyres South Africa (Pty) Ltd and Another v Competition Commission of South Africa and Others (157/CAC/Nov 2017)
Continental Tyres South Africa (Pty) Ltd and Another v Competition Commission of South Africa and Others (157/CAC/Nov 2017) [2018] ZACAC 9; [2018] 2 CPLR 476 (CAC) (11 October 2018)
The Competition Commission failed to establish litigation privilege over the requested transcripts and correspondence, as it did not provide factual evidence demonstrating that litigation was contemplated as likely at the relevant time. The Commission's reliance on inferences from investigative actions, such as executing search warrants and initiating complaints, was insufficient to prove privilege. Furthermore, Commission Rule 14, which restricts public access to certain information, does not apply to litigants in referral proceedings, as the duty of disclosure in adversarial litigation is b…
Source excerpt
- Discovery In Competition Proceedings
- Litigation Privilege
- Restricted Information
- Leniency Applications
- Fair Hearing
- Commission Rules