THEE - The Competition Commission - Statement by the Competition Tribunal on

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 Supplied by www.sharenet.co.za                     
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