MYBICO v David Lewis N.O. and Others

The Competition Tribunal approved a series of interdependent merger transactions involving Vodafone Group PLC and Venfin (Pty) Ltd in January 2006. MYBICO, an organisation claiming to advance black economic empowerment interests, lodged a late objection to the merger but did not formally intervene, attend the Tribunal hearing, or make submissions during the Commission’s investigation. After the Tribunal approved the merger and issued clearance certificates, MYBICO brought a review application in the Competition Appeal Court seeking to set aside the approval under section 16(2)(a) of the Competition Act 89 of 1998. The application was beset by delays, lack of compliance with court rules, withdrawal of attorneys due to lack of funds, and a last‑minute, unsubstantiated request for a postponement of ten weeks.

The application for postponement and the main review application were dismissed with costs.

The case underscores the procedural discipline required in competition litigation, affirms the limited powers of the Competition Tribunal in merger control, and clarifies that empowerment objectives cannot be enforced beyond the statutory framework of the Competition Act. It also illustrates the strict approach of the Competition Appeal Court to unmeritorious delays and last‑minute procedural requests.