S.O.S Support Public Broadcasting Coalition and Others v South African Broadcasting Corporation (SOC) Limited and Others (CCT121/17)
S.O.S Support Public Broadcasting Coalition and Others v South African Broadcasting Corporation (SOC) Limited and Others (CCT121/17) [2018] ZACC 37; 2018 (12) BCLR 1553 (CC); 2019 (1) SA 370 (CC); [2018] 2 CPLR 411 (CC) (28 September 2018)
The Constitutional Court held that the Competition Commission's statutory investigative powers under Part B of Chapter 5 of the Competition Act remain intact and were not curtailed by the June 2016 order of the Competition Appeal Court. The Commission is authorised to exercise both coercive and non-coercive powers, including interviewing witnesses and compelling production of documents, in investigating whether the SABC-MultiChoice agreement constitutes a notifiable merger. The June 2016 order did not expressly or impliedly restrict the Commission to a desktop review of documents. The Competi…
Source excerpt
- Notifiable Merger
- Competition Commission Powers
- Investigation Procedures
- Court Order Interpretation
- Public Interest In Merger Control
- Admission Of New Evidence