Competition Commission v Loungefoam (Pty) Ltd and Others, In re: Loungefoam (Pty) Ltd and Others v Competition Commission and Others (102/CAC/Jun 10)
Competition Commission v Loungefoam (Pty) Ltd and Others, In re: Loungefoam (Pty) Ltd and Others v Competition Commission and Others (102/CAC/Jun 10) [2012] ZACAC 10; [2013] 1 CPLR 17 (CAC) (14 December 2012)
The application for leave to appeal was dismissed because the Commission's proposed amendment did not raise any novel legal issue or point of public importance. The court found that the amendment, as formulated, was not a new complaint but factual allegations that could have been advanced by proper amendment. The Tribunal's decision to allow the amendment was set aside because it misunderstood the nature of the complaint. The court held that s 4(5)(b) does not provide a basis for holding companies to be liable for administrative penalties imposed on subsidiaries for conduct involving third pa…
Source excerpt
- Referral And Initiation Of Complaints
- Joinder Of Parties
- Single Economic Entity
- Administrative Penalties
- Leave To Appeal