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JSE
THEE
THEE - The Competition Commission - Competition Commission to appeal Competition
Appeal Court (CAC) decision in the Loungefoam matter
MEDIA RELEASE
06 June 2011
Competition Commission to appeal Competition Appeal Court (CAC) decision in the
Loungefoam matter
On Friday 03 June 2011, the Competition Commission lodged its application for
leave to appeal the decision of the Competition Appeal Court (CAC), handed down
on 6 May 2011. The CAC upheld appeals by Loungefoam (PTY) Limited, Gommagomma
(PTY) Limited, Steinhoff International Holdings Limited and Steinhoff Africa
Holdings (PTY) Limited. The firms had appealed against a Competition Tribunal
decision allowing the Commission to amend its complaint referral and join
Steinhoff as a party to the case.
The case pertains to alleged cartel conduct between Loungefoam (PTY) Ltd,
Gommagomma (PTY) Ltd, Steinhoff International Holdings Limited and Steinhoff
Africa Holdings which started in and around 1999 until 2004 involving price
fixing and market allocation in polyurethane foam used in the manufacture of
furniture.
The Commission is to appeal the CAC decision based on the following grounds:
- that the Court`s ruling regarding what should be included in an initiation
statement is too restrictive or alternatively sets an unduly high standard
not required by the Competition Act or the Constitution.;
- that the Commission is not compelled to refer a case within one year (1) if
it initiates a complaint as held by the CAC. The Competition Act provides
that the Commission can refer such a complaint to the Tribunal at any time;
- that it is competent in law for a parent company to be held liable for
actions of its subsidiary when the latter engages in anti-competitive
conduct.
This appeal follows applications filed by the Competition Commission against the
CAC`s decisions in the Yara/Omnia and Netstar matters. The cumulative effect of
these decisions is to constrain the Commission`s ability to investigate
anticompetitive conduct and to compromise the rights of third parties to lodge
complaints of anticompetitive conduct. In the meantime, the Commission is
awaiting the Tribunal reasons on the SAB matter which was dismissed due to the
precedent set by the higher courts.
ENDS
Further Information:
Oupa Bodibe, Manager: Advocacy & Stakeholder Relations
012 394 3267 / 082 563 6970/ oupaB@compcom.co.za
Keitumetse Letebele, Head of Communication
012 394 3183/082 783 3397/ keitumetseL@compcom.co.za
Date: 06/06/2011 15:05:00 Produced by the JSE SENS Department.
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