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ConCourt rules against Commission’s favor in Yara and Loungefoam

By  |  June 27, 2012

The South African Constitutional Court (ConCourt) has denied the Competition Commission’s applications for leave to appeal the Yara and Loungefoam cases. The Commission sought to appeal earlier decisions of the Competition Appeal Court (CAC) that curtail the watchdog’s investigative powers.

In Yara, the CAC blocked the Commission from adding facts to its complaint referral to the Competition Tribunal that were uncovered during a later investigation. The ConCourt held that the Commission’s delay in making its application was excessive, with insufficient explanations to justify the delay.

In Loungefoam, ConCourt held that the Commission could not bypass the Supreme Court of Appeal by applying directly for leave to appeal with the ConCourt.

The Commission’s application to appeal Yara to the Supreme Court of Appeal is still pending.

Full content: Polity

 

Related content: Competition Law Develops in Southern Africa

 

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