Caxton and CTP Publishers and Printers Limited (“caxton”) and Naspers Limited (“Naspers”) & Others (72/CAC/Aug 2007)
Caxton and CTP Publishers and Printers Limited (“caxton”) and Naspers Limited (“Naspers”) & Others (72/CAC/Aug 2007) [2007] ZACT 72 (5 October 2007)
The court held that the Competition Tribunal acted within its powers by limiting the scope of Caxton's intervention in the merger proceedings. The Tribunal's discretion under section 53(1)(c)(v) of the Competition Act is broad but must be exercised judicially to ensure orderly and expeditious hearings. Unlimited intervention would undermine the efficiency and relevance of the proceedings, potentially leading to delays and confusion. The Tribunal's order was not ultra vires, nor did it exceed its jurisdiction or improperly exercise its discretion. Rule 46 is not ultra vires the Act, as it serv…
Source excerpt
- Merger Control
- Intervention Rights
- Scope Of Participation
- Competition Act Section 53
- Judicial Discretion