About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: Competition Tribunal
SAFLII
>>
Databases
>>
South Africa: Competition Tribunal
>>
2020
>>
[2020] ZACT 85
|
|
Vexall Proprietary Limited v Business Connexion Proprietary Limited and Another (IR119Oct19) [2020] ZACT 85 (12 February 2020)
COMPETITION
TRIBUNAL OF SOUTH AFRICA
Case
No: IR119Oct19
In
the matter between:
VEXALL
PROPRIETARY
LIMITED Applicant
And
BUSINESS
CONNEXION PROPRIETARY LIMITED First
Respondent
THE
COMPETITION COMMISSION Second
Respondent
Panel:
Yasmin Carrim (Presiding Member), Anton Roskam (Tribunal
Member),Halton Cheadle (Tribunal Member)
Heard
on: 3 February 2020
Order
issued on: 12 February 2020
ORDER
KINDLY
TAKE NOTICE THAT having heard the parties, the Competition Tribunal
issues the following order in terms of
section 49C
of the
Competition
Act 89 of 1998
, as amended ("the Act") in the following
terms:
1.
For the purposes of this order the following terms mean-
a. 'BCX' means the First
Respondent;
b. 'complaint' means the
complaint referred to the Competition Commission by the Applicant on
16 October 2019;
c. 'customer' means a
customer of the Unisolv licence supplied by BCX;
d. 'Unisolv licence'
means the use of the Unisolv software and any upgrades, bug fixes,
repairs or additional coding to the software;
e. 'software support
services' means those support services related to the upgrading and
repairing of the Unisolv software provided
by BCX;
f. 'value added
services' includes BCX's Data Bureau Service, its Electronic
Remittance Services and support services other
than software support
services.
2.
From the date of this order BCX is prohibited from selling or
offering a Unisolv license on condition that a customer
purchases
value-added services from BCX.
3.
The order in paragraph 2 remains in force for 6 months from date of
this order or the conclusion of a hearing into
the complaint,
whichever is the earlier.
4.
BCX to pay Applicant's costs of the application.
Ms
Yasmin Carrim
Mr
Anton Roskam and Prof. Halton Cheadle concurring.
Date:
12 February 2020