THEE - The Competition Commission - Statement by the Competition Tribunal on
JSE
THEE
THEE - The Competition Commission - Statement by the Competition Tribunal on
dismissal of complaint referral against SAB and the appointed distributors, 7
April 2011
Statement by the Competition Tribunal on dismissal of complaint referral against
SAB and the appointed distributors, 7 April 2011
We have found that we do not have jurisdiction to hear this referral. This is a
regrettable outcome but we are bound by recent decisions of the superior courts
to come to this conclusion. Recent case law requires that a complaint lodged by
a complainant to the Commission should be the same as that referred to us unless
it meets certain formalities that have to be complied with, prior to the
referral.
When we give reasons for our decision we will explain why the case law, which is
binding upon us, has led us to this conclusion. We will also indicate why this
case law may need re-consideration by superior courts in the future so that a
complainant`s rights of access to justice and the Commission`s investigative
powers are not unduly compromised.
We regret that this case has not been brought to finality so it could be decided
on the evidence and not a point of jurisdcition. The complainant will not know
whether its complaint was well founded and the respondents will not have an
opportunity to clear their names from accusations of anticompetitive conduct.
Competition Tribunal
Date: 07/04/2011 13:40:07 Produced by the JSE SENS Department.
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