The Constitutional Court of South Africa has handed down judgment in two important cases. David Unterhalter SC successfully represented the respondents in each case – both against the Competition Commission.
In Competition Commission v Yara South Africa and Others David successfully defended an appeal from the Commission in relation to an earlier Competition Appeal Court (CAC) decision which found that the Commission was not entitled to amend a complaint so as to introduce a new complaint or new respondent unless a fresh complaint alleging this had been properly initiated. The judgment concluded that even if the application was allowed, it was not in the interests of justice to grant the Commission leave to appeal directly to the Constitutional Court.
Competition Commission v Loungefoam and Others saw the Commission appeal the whole judgment of the CAC. The Court considered similar factors as those in Yara and found that the Commission had failed to seek leave from the CAC before approaching the Constitutional Court and showed no compelling circumstances that would justify a direct appeal.
The Constitutional Court dismissed both applications.
Please click below for the relevant judgment.