R 3.7billion Telkom fine still possible

Competition Commission’s leave to appeal Telkom High Court ruling heard

Telkom has been accused by many companies and institutions of anti-competitive practices, but a recent High Court ruling means that the Competition Commission may not be able to address these cases.

In June the Pretoria High Court ruled that the Competition Commission (CC) may not refer a complaint against Telkom to the Competition Tribunal. This left the CC with its hands tied after recommending a R 3.7billion fine against Telkom.

If the court ruling holds it means that Telkom is likely to escape punishment for potential anti-competitive practices. The Competition Commission is however looking to appeal the ruling preventing it from referring the Telkom dispute to the Competition Tribunal.

Leave to appeal the Telkom-Competition Commission High Court ruling by the Commission and leave for Telkom to cross-appeal the matter has now been granted and will be heard today by the Supreme Court of Appeal.

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