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Agri Wire (Pty) Limited and Another v Commissioner of the Competition Commission and Others [2011] ZAGPPHC 117;7585/2010

25th July 2011

By: Creamer Media Reporter

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  • Agri Wire (Pty) Limited and Another v Commissioner of the Competition Commission and Others [2011] ZAGPPHC 117;7585/2010
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Introduction

[1] The applicants have brought this application in this Court for an order:

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(a) reviewing and setting aside the decision of the first respondent granting the third respondent conditional immunity in terms of the first respondent's Corporate Leniency Policy.

(b) declaring that the evidence obtained by the first respondent from the third respondent pursuant to the first respondent's leniency policy was unlawfully obtained and is inadmissible.

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(c) alternatively to the prayer in (b) above, (an order) declaring that the initiation and referral of the complaint in Tribunal case number 63/CR/Sep 09 are unlawful and fall to be set aside.

Obviously the applicants also seek an order of costs against those respondents who oppose this application. Before a consideration of the application, it is necessary to set out the background to the application.

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