eMedia Investments Proprietary Limited v Multichoice Proprietary Limited and Another

eMedia Investments (Pty) Ltd, a broadcaster whose television channels were carried on Multichoice’s DSTv platform, initiated a complaint before the competition authorities. Following a ruling of the Competition Tribunal, an order was granted on 1 August 2022. The matter came before the Competition Appeal Court, which issued an amended order on 5 August 2022. The amendment concerned interim relief pending the finalisation of the hearing into eMedia’s complaint, specifically relating to Multichoice’s ability to remove certain eMedia channels from its DSTv bouquet.

Multichoice was interdicted, on an interim basis, from removing the channels eToonz, eMovies, eMovies Extra, and e.tv Extra 3 from the DSTv bouquet pending the conclusion of the complaint hearing or for six months, whichever occurred first. The amended order took effect from 1 August 2022.

The case is significant in South African competition law as it illustrates the Competition Appeal Court’s willingness to grant and refine interim relief to preserve the status quo in markets pending the final determination of a competition complaint, particularly in the broadcasting and pay-television sector.