Omnia Fertilizer Limited v Competition Commission and Others; Sasol Chemical Industries Limited v Competition Commission and Others
Omnia Fertilizer Limited v Competition Commission and Others; Sasol Chemical Industries Limited v Competition Commission and Others [2006] ZACAC 8; [2006] ZACAC 2 (28 April 2006)
The Competition Appeal Court held that section 50(4)(a) of the Competition Act does not limit the Commission and a complainant to a single extension of the investigation period. Multiple extensions are permissible provided each is agreed before the expiry of the previous period. The use of the singular 'period' is not decisive, and the Interpretation Act allows singular words to include the plural unless the contrary intention appears. The Court found that the second complaint was not identical to the first; it included new facts, implicated additional parties, and addressed new contravention…
Source excerpt
- Referral Of Complaints
- Extension Of Investigation Period
- Functus Officio
- Res Judicata
- Statutory Interpretation