Case number: 554/03



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THE SUPREME COURT OF APPEAL

OF SOUTH AFRICA

REPORTABLE


Case number: 554/03

In the matter between:



AMERICAN NATURAL SODA ASH CORPORATION First applicant

CHC GLOBAL (Pty) Ltd Second applicant
and
COMPETITION COMMISSION OF SA First respondent

BOTSWANA ASH (Pty) Ltd Second respondent

CHEMSERVE TECHNICAL PRODUCTS (Pty) Ltd Third respondent

MINISTER OF TRADE AND INDUSTRY Fourth respondent


BEFORE: MPATI DP, CAMERON, NUGENT,

CONRADIE JJA and COMRIE AJA
HEARD: 24 FEBRUARY 2005
DELIVERED: 13 MAY 2005
Constitution – appellate court structure – section 168(3) – appeal lies from Competition Appeal Court to Supreme Court of Appeal – section 173 – court’s inherent power to protect and regulate own process – requirement that special leave to appeal be obtained imposed – Competition Act 89 of 1998 – Section 3(1) – Act applying to all economic activity having effect within Republic –adverse effect not a precondition for jurisdiction of Competition Commission – Standing before Competition Commission – Act’s provisions to be interpreted widely – no need for complainant to show particular damage – Section 4(1)(b) – admissibility of evidence before Competition Commission – Commission first to construe provisions of s 4(1)(b) to establish width of statutory prohibition – ruling on evidence premature – matter remitted to Commission to determine meaning of s 4(1)(b) and to determine what evidence, if any, is admissible to establish whether agreement at issue falls within prohibition in s 4(1)(b).




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