South Africa Case Law

Competition Commission v Loungefoam (Pty) Ltd and Others (CCT 90/11)

Competition Commission v Loungefoam (Pty) Ltd and Others (CCT 90/11) [2012] ZACC 15; 2012 (9) BCLR 907 (CC) (26 June 2012)

Court

Constitutional Court

Case number

CCT 90/11

Judges

Maya AJ, Mogoeng CJ, Froneman J, Jafta J, Khampepe J, Nkabinde J, Skweyiya J, van der Westhuizen J, Zondo AJ, Yacoob ADCJ, Cameron J

The majority held that section 63(2) of the Competition Act either bars direct appeals to the Constitutional Court without first seeking leave from the Competition Appeal Court, or, alternatively, requires compelling circumstances in the interests of justice to justify direct access. The Commission failed to comply with either interpretation: it did not seek leave from the Competition Appeal Court, and it did not demonstrate compelling circumstances justifying direct access. The application was therefore dismissed. The minority, relying on the judgment in Competition Commission v Yara, found…

Source excerpt

• Leave To Appeal
• Jurisdiction Of Competition Appeal Court
• Direct Access To Constitutional Court
• Statutory Interpretation
• Public Interest In Competition Enforcement