Woodlands Dairy (Pty) Ltd and Another v Competition Commission (2010 (6) SA 108 (SCA);
Woodlands Dairy (Pty) Ltd and Another v Competition Commission (2010 (6) SA 108 (SCA); [2011] 3 All SA 192 (SCA)) [2010] ZASCA 104; 105/2010 (13 September 2010)
The Supreme Court of Appeal held that the Competition Commission's initiation of a broad investigation into the milk industry in 2005 was invalid, as it was not based on reasonable suspicion of specific prohibited practices and failed to identify particular parties or conduct. The subsequent summonses issued under section 49A were void for vagueness and overbreadth, and the evidence obtained through these summonses was tainted. The 2006 complaint initiations and referrals to the Competition Tribunal were directly derived from the invalid 2005 investigation and thus had to be set aside. The Co…
Source excerpt
- Complaint Initiation
- Tainted Evidence
- Powers Of Summons
- Referral Procedure
- Jurisdictional Facts