Emedia Investments Proprietary Limited v Multichoice Proprietary Limited and Another (IR194Mar22/EXT035May24) [2024] ZACT 23 (14 June 2024)

48 Reportability
Competition Law

Brief Summary

Competition Law — Interim Relief — Extension of interim order — Applicant sought extension of interim relief order prohibiting removal of channels from DStv platform — Agreement between parties to extend order without admission of entitlement — Tribunal extended interim order for a further period pending conclusion of complaint referral or for six months, whichever is earlier — No order as to costs.

competitiontribunal
SOUTH AFRICA
COMPETITION TRIBUNAL OF SOUTH AFRICA
Case no.: IR194Mar22/EXT035May24
In the matter between:
EMEDIA INVESTMENTS PROPRIETARY LIMITED Applicant
and
MUL TICHOICE PROPRIETARY LIMITED First Respondent
THE COMPETITION COMMISSION Second Respondent
Panel:
Heard on:
Order Issued on:
Ms M Mondo (Presiding Member)
Prof. L Mncube (Tribunal Member)
Adv G Budlender SC (Tribunal Member)
14 June 2024
14 June 2024
ORDER
Having considered the application for the extension of the interim relief order granted by
the Competition Appeal Court on 01 August 2022 under Case No: 201/CAC/JUN22,
extended by the Competition Tribunal under Case No: IR194Mar22/EXT151 Nov22 on 31
January 2023, and further extended by the Competition Tribunal on 18 December 2023
under Case No: IR 194Mar22/EXT061 JUL23, and by agreement between the applicant and
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the first respondent, without any admission by the first respondent that the applicant is
entitled to the relief sought in the application instituted by the applicant under the
above case number on 28 May 2024, the Competition Tribunal orders as follows:
1. The interim order granted by the Competition Tribunal with effect from 18
December 2023, in terms of which the first respondent is interdicted from removing
four of the applicant's channels (namely eExtra, eToonz, eMovies and eMovies
Extra) from the bouquets of channels on the DStv platform of which they currently
form part, is extended for a further period not exceeding the earlier of:
1.1. The date of the conclusion of the hearing of eMedia's Complaint referral, being
the date on which the Tribunal's order is handed down ; or
1.2. The date that is 6 months after the date of issue of this order.
2. No order as to costs.
14 June 2024
Date
Ms Mondo Mazwai
Concurring: Professor Liberty Mncube and Advocate Geoff Budlender SC
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