ConCourt grants appeal on costs

2013-12-18 13:46
(Picture: Sapa)

(Picture: Sapa)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Johannesburg - The Competition Commission's application for leave to appeal a cost order made against it was granted by the Constitutional Court on Wednesday.

The cost order, which was awarded against the commission by the Competition Appeal Court, was also set aside.

No order as to costs was made in the Constitutional Court judgment.

The Competition Appeal Court originally made the cost order after the commission prohibited a proposed merger between two parties in terms of the Competition Act.

The merging parties then asked the Competition Tribunal to reconsider the commission's decision.

The tribunal prohibited the merger on similar grounds to those of the commission and made no order as to costs.

The decision was appealed in the Competition Appeal Court, which set aside the tribunal's order and approved the merger subject to certain conditions.

It ordered the commission to pay the merging parties' costs in both the tribunal and the appeal court.

The commission's application to appeal the whole judgment and order in the Supreme Court of Appeal was dismissed.

The Competition Appeal Court granted leave to appeal to the Constitutional Court, only against the costs order.

In the Constitutional Court, the commission argued that the Competition Appeal Court had no power to order costs against it, and could award costs only in relation to proceedings in that court.

The merging parties did not oppose the commission's appeal.

Representatives of the Johannesburg Bar Council made submissions as friends of the court.

They submitted that while a state functionary should not generally have costs orders issued against it when litigating in performance of its duty, the Competition Appeal Court had broad discretion to make appropriate costs orders against it.

Join the conversation! encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions. publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
Comments have been closed for this article.

Inside News24

Financial advisors – Do you need one and should you get one?

The good, the bad, and everything else you need to know when considering hiring a financial advisor.


Book flights

Compare, Book, Fly

Traffic Alerts
There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.