Competition Commission of South Africa v Telkom SA LTD and Others (623/2009) [2009] ZASCA 155

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Published: 27 Nov 2009

Competition Commission of South Africa v Telkom SA LTD and Others (623/2009) [2009] ZASCA 155

Competition Act 89 of 1998 - s 3(1A)(a) - concurrent jurisdiction - telecommunications industry - review of complaint referral - bias - non-compliance with s 50(4)(a) concerning extension of time for complaint referral - memorandum of agreement between Commission and ICASA - s 82 Competition Act
Order:
On appeal from:The Pretoria High Court (RD Claassen J sitting as court of first instance)
The following order is made;
(1)The appeal is upheld with costs including the costs of two counsel;
(2)The cross-appeal is dismissed with costs including the costs of two counsel;
(3)The order of the court a quo is set aside and replaced with the following;
‘the application is dismissed with costs including the costs of two counsel.'