eMedia Investments (Pty) Ltd v MultiChoice (Pty) Ltd and Others

eMedia Investments (Pty) Ltd applied to the Competition Appeal Court arising from proceedings before the Competition Tribunal concerning interim relief granted under section 49C of the Competition Act 89 of 1998. The interim relief prevented MultiChoice from removing certain eMedia television channels from the DStv platform. A dispute arose as to whether section 49C(5), which refers to an extension for “a further period”, limited the Tribunal to granting only a single extension of interim relief. eMedia sought clarity and an order allowing the Tribunal to consider a further extension and to preserve the status quo pending that determination.

1. A declaratory order that section 49C(5) does not limit the Tribunal to only one extension of interim relief. 2. The Competition Tribunal was directed to determine eMedia’s application for a further extension in terms of section 49C(5). 3. MultiChoice was interdicted from removing the specified eMedia channels from the DStv platform pending that determination. 4. The existing Tribunal interim relief order was extended, subject to statutory limits. 5. No order as to costs.

The decision clarifies the scope of the Competition Tribunal’s powers under section 49C of the Competition Act and confirms that interim relief may be extended more than once where justified. This is significant for competition law enforcement, as it ensures that complainants are not left without protection due to overly restrictive interpretations of interim relief provisions while prohibited practice proceedings are ongoing.