Competition Commission v Loungefoam (Pty) Ltd and Others, In re: Competition Commission v Loungefoam (Pty) Ltd and Others (103/CR/Sep08)
Competition Commission v Loungefoam (Pty) Ltd and Others, In re: Competition Commission v Loungefoam (Pty) Ltd and Others (103/CR/Sep08) [2010] ZACT 39; [2010] 1 CPLR 174 (CT) (8 June 2010)
The Tribunal held that the Competition Commission is not required to specify all respondents at the time of initiating a complaint under section 49B(1). The Act requires only that the Commission initiate a complaint against an alleged prohibited practice, with a rational link to the relevant prohibition. The Commission's initiation documents and subsequent investigation satisfied the jurisdictional requirements for referral against Feltex, Steinhoff, and Kap. The Tribunal adopted a purposive approach, emphasizing the public interest in prosecuting anti-competitive conduct and avoiding a mecha…
Source excerpt
- Initiation Of Complaint
- Joinder Of Parties
- Amendment Of Referral
- Section 4 Horizontal Practices
- Section 49b Initiation
- Section 67 Limitation