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Thu 18 Nov 2010, 9:56 THEE - Notice of upcoming Competition Tribunal hearings
JSE
THEE                                                                            
THEE - Notice of upcoming Competition Tribunal hearings                         
NOTICE OF UPCOMING COMPETITION TRIBUNAL HEARINGS                                
(Following is a guideline for journalists. The information can be used but      
please do not quote Nandi Mokoena or the Tribunal)                              
Cases          Commission application to amend its papers in the Telkom case    
Date           Friday, 19 November 2010                                         
Time           10H00                                                            
Place          The dti Campus                                                   
              77 Meintjies Street                                               
              Mulayo Building, (Block C)                                        
              Sunnyside, Pretoria                                               
Tel: +27 (0) 12 394 3300                                          
              Fax: 27 (0) 12 394 0169                                           
Website: http://www.comptrib.co.za                                              
Commission applies to amend papers in the Telkom case                           
On Friday the Tribunal will hear the Commission`s application to amend its      
founding papers in its case against Telkom. The Commission referred this case to
the Tribunal in February 2004 after it had investigated Telkom and concluded    
that Telkom was abusing its dominance and engaging in price discrimination. Now 
the Commission seeks to add or clarify its allegation that Telkom has also been 
squeezing its rivals margins and in that way making them less competitive in the
telecommunications market.                                                      
The Commission maintains that this amendment is related to its earlier          
allegations of price discrimination and is thus not a new addition to the case. 
Telkom, however, is opposing the application saying that the proposed amendment 
is trying to introduce a fresh complaint regarding an alleged margin squeeze in 
circumstances where that complaint does not form part of the original complaint 
referral of 2004.                                                               
The application takes place in one of two main complaints that the Commission   
has referred to the Tribunal against Telkom. The first case was referred in     
2004, while the second case was referred later, in 2009. Both cases were brought
about by complaints, against Telkom, from various Value Added Network Service   
Providers (VANS) and Internet Service Providers (ISP`s). Due to a number of     
technical proceedings that have been raised in this case since 2004, the        
Tribunal is yet to hear the main allegations.                                   
The Tribunal will hear the Commission`s application on Friday. Both Telkom and  
the Commission will make submissions, after which the Tribunal will make a      
decision. If the Tribunal finds in Telkom`s favour, the Commission will not be  
permitted to add its margin-squeeze allegations to this case.                   
Issued By:                                                                      
Nandi Mokoena                                                                   
PR Consultant: Competition Tribunal                                             
Cell: +27 (0) 82 399 1328                                                       
E-mail: NandisileM@live.co.za                                                   
On Behalf Of:                                                                   
Lerato Motaung                                                                  
Registrar: Competition Tribunal                                                 
Tel: (012) 394 3355                                                             
Cell: +27 (0) 82 556 3221                                                       
E-Mail: LeratoM@comptrib.co.za                                                  
Date: 18/11/2010 09:56:01 Produced by the JSE SENS Department.                  
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