eMedia Investments Proprietary Limited v Multichoice Proprietary Limited and Another (IR194Mar22; EXT151Nov22) [2022] ZACT 106; [2023] 1 CPLR 12 (CT) (19 December 2022)

55 Reportability
Competition Law

Brief Summary

Competition Law — Interim relief — Application for extension of interim interdict — Applicant sought to prevent removal of its channels from DStv bouquets pending resolution of complaint — Tribunal granted extension of interdict against first respondent for a further period pending hearing or six months — No order as to costs.

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IN THE COMPETITION TRIBUNAL OF SOUTH AFRICA
Case no.: IR194Mar22/EXT 151Nov22
In the matter between:
EMEDIA INVESTMENTS PROPRIETARY LIMITED Applicant
and
MULTICHOICE PROPRIETARY LIMITED First Respondent
THE COMPETITION COMMISSION Second Respondent

Panel: M Mazwai (Presiding Member)
A Ndoni (Tribunal Member)
L Mncube (Tribunal Member)
Heard on: 15 December 2022
Order Issued on: 19 December 2022


ORDER


HAVING considered the extension application agreed to by the applicant and the first
respondent and the interim relie f order granted by the Competition Appeal Court
handed down on 1 August 2022 under case number CAC CASE NO:201/CAC/JUN22,
the Tribunal orders that:
1. The first respondent is interdicted from removing four of the applicant ’s channels
(namely E.tv Extra, eToonz, eMovies and eMovies Extra) from the DStv bouquets
of which they currently form part, be extended for a further period pending (1) the

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conclusion of the hearing into the complaint initiated by the applicant ; or (2) a
further period of 6 months, whichever occurs first.
2. No order as to costs.



19 December 2022
Presiding Member
Ms Mondo Mazwai

Date
Concurring: Professor Liberty Mncube and Ms Andiswa Ndoni