Old Mutual Properties (Pty) Limited and Another v The Competition Tribunal and Others

The applicants, Old Mutual Properties (Pty) Ltd and Old Mutual Life Assurance Company (South Africa) Ltd, applied to the Competition Appeal Court (CAC) to review and set aside two procedural decisions taken by an Assigned Member of the Competition Tribunal at or pursuant to a pre-hearing conference held on 24 June 2002. The first decision ordered the applicants to discover a lease agreement concluded in November 2001 between Old Mutual Properties and Ster-Kinekor Films (Pty) Ltd. The second decision refused to refer certain points of law for separate hearing by the Tribunal and to adjourn the proceedings pending determination of those points. The respondents raised a point in limine that the CAC lacked jurisdiction to review decisions of an Assigned Member, as opposed to decisions of the Competition Tribunal itself. During the course of proceedings some issues were withdrawn, leaving primarily the jurisdictional challenge for determination.

The point in limine was upheld and the application (appeal) was dismissed with costs, including the costs of two counsel.

The case clarifies the limited review and appeal jurisdiction of the Competition Appeal Court and confirms that it may only review or hear appeals against decisions of the Competition Tribunal itself, not against procedural or interlocutory decisions of Assigned Members acting outside section 31(5). It reinforces the principle that the CAC, as a statutory court, cannot assume powers beyond those expressly conferred by the Competition Act, and it restricts interlocutory challenges in competition proceedings.