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[2023] ZACAC 3
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eMedia Investments Proprietary Limited v Multichoice Proprietary Limited and Others (248/CAC/Jul23 CT; IR194Mar22) [2023] ZACAC 3 (28 July 2023)
IN THE COMPETITION APPEAL
COURT OF SOUTH AFRICA
CAC
CASE NO: 248/CAC/Jul23 CT
CASE
NO.: IR194Mar22
In
the matter between:
eMEDIA
INVESTMENTS PROPRIETARY LIMITED
Applicant
and
MULTICHOICE
PROPRIETARY LIMITED
First
Respondent
COMPETITION
COMMISSION
Second
Respondent
MINISTER
OF TRADE AND INDUSTRY AND
COMPETITION
Third
Respondent
MINISTER
OF JUSTICE AND CORRECTIONAL
SERVICES
Fourth
Respondent
COURT ORDER
Having
heard counsel for the parties, the following is ordered:
1.
It is declared that the words “
a
further period
” in section 49C(5)
of the Competition Act do not limit the power of the Competition
Tribunal to granting only one extension
to the interim relief granted
under section 49C of the Competition Act;
2.
The Competition Tribunal is directed to
determine the Applicant’s (“
eMedia’s
”)
application for a further extension of its interim relief in
accordance with section 49C(5) on the papers filed before
this Court;
provided that the Applicant files its application with the Tribunal
by no later than 16h00 on 31 July 2023; and
3.
Pending the finalisation of the Competition
Tribunal’s determination of eMedia’s application for a
further extension
of its interim relief, the First Respondent
(“
MultiChoice
”)
is directed to maintain the
status quo
,
and is interdicted from removing the following channels from the
bouquet of channels on the DStv platform of which they currently
form
part:
3.1.
eExtra;
3.2.
eToonz;
3.3.
eMovies; and
3.4.
eMovies Extra.
4.
Subject to the Applicant complying with its
filing obligations in terms of paragraph 2, the Tribunal order
granted on 19 December
2022, under case number
IR194Mar22/EXT151Nov22, is extended until the earlier of:
4.1.
the finalisation of the Competition
Tribunal’s determination of the application,
4.2.
the conclusion of the hearing into the
alleged prohibited practice; or
4.3.
a further period not exceeding six months.
5.
There is no order as to costs.
N.
MANOIM JUDGE PRESIDENT COMPETITION APPEAL COURT
D.
DAVIS ACTING JUDGE OF APPEAL COMPETITION APPEAL COURT
V.
NKOSI ACTING JUDGE OF APPEAL COMPETITION APPEAL COURT
DATE:
2023-07-28
APPEARANCES:
Date
of hearing: 28
July 2023
Date
of order: 28
July 2023
Counsel
for Applicant: Adv
G. Marriot
Assisted
By: Adv
N. Ferreira, S Pudifin Jones,
C. Kruyer and S. Nelani
Instructed
by: Nortons
Inc.
Counsel
for First Respondent: Adv W.Trengrove SC
Assisted
By: Adv
M. Norton, Adv J. Wilson SC,
Adv M. Mbikiwa’,
Adv Ntlakana
Instructed
by: Webber
Wentzel