South Africa Case Law

Continental Tyres South Africa (Pty) Ltd v Competition Commission of South Africa and Another; Goodyear South Africa (Pty) Ltd v Competition Commission and Others (150/CAC/JUN17; 151/CAC/JUN17)

Continental Tyres South Africa (Pty) Ltd v Competition Commission of South Africa and Another; Goodyear South Africa (Pty) Ltd v Competition Commission and Others (150/CAC/JUN17; 151/CAC/JUN17) [2018] ZACAC 6; [2018] 2 CPLR 504 (CAC) (27 September 2018)

Court

Competition Appeal Court

Case number

150/CAC/JUN17; 151/CAC/JUN17

Judges

F Kathree-Setiloane, Davis, Rogers

The Court held that the Competition Commission lawfully referred the complaint to the Tribunal within the extended period agreed under section 50(4)(a) of the Competition Act. The registrar's acceptance of the filing at 16h50 on 31 August 2010 was valid under Rule 4(2)(a), and Rule 6(4) did not apply in these circumstances. The agreement to extend the referral period to 31 August 2010 was incorporated into the Act and allowed filing up to midnight on that day. Tribunal rules cannot override this statutory extension. The omission of the case number on the electronic version of the referral ser…

Source excerpt

• Jurisdiction Of Competition Tribunal
• Filing Outside Office Hours
• Time Bar Provisions
• Technical Irregularity Condonation
• Section 50 Competition Act

Competition Commission v Allen Meshco (Proprietary) Limited and Others (09/CR/Jan07)

Competition Commission v Allen Meshco (Proprietary) Limited and Others (09/CR/Jan07) [2008] ZACT 59; [2008] 2 CPLR 330 (CT) (23 July 2008)

Court

Competition Tribunal

Case number

09/CR/Jan07

Judges

N Manoim, Y Carrim, L Reyburn

The Tribunal dismissed the respondents’ points in limine, holding that the referral period had been validly extended and the complaint had not lapsed.

• Referral Period Extension
• Points In Limine
• Section 50 Competition Act
• Documentary Evidence
• Oral Consent
• Competition-law