Complaints were lodged with the Competition Commission by the Treatment Action Campaign (TAC) and later by the Aids Healthcare Foundation (AHF) complainants alleging that Glaxo Smith Kline South Africa (Pty) Ltd, a dominant pharmaceutical firm, contravened section 8(a) of the Competition Act 89 of 1998 by charging excessive prices for antiretroviral drugs. The Commission investigated the complaints. Shortly before the expiry of the one-year period in section 50(2), the Commission and Glaxo Smith Kline concluded a settlement agreement in December 2003, in terms of which the Commission agreed not to refer the complaints to the Competition Tribunal in return for Glaxo Smith Kline granting licences to generic manufacturers. The settlement was not immediately presented to the Tribunal for confirmation as a consent order. After the statutory period expired, the Commission was deemed to have issued a notice of non-referral. The AHF complainants then referred their complaint directly to the Tribunal under section 51. In November 2004, Glaxo Smith Kline applied to the Tribunal to have the December 2003 settlement confirmed as a consent order under section 49D. The Tribunal refused, holding that it lacked jurisdiction because the application was brought after the Commission had lost its power to prosecute. Glaxo Smith Kline brought a review and appeal to the Competition Appeal Court.