Business Connexion (Pty) Ltd v Vexall (Pty) Ltd and Another

The Competition Tribunal granted an interim relief order at the instance of Vexall (Pty) Ltd, prohibiting Business Connexion (Pty) Ltd (BCX) from selling or offering a Unisolve software licence on condition that customers also purchase BCX’s value‑added services. The order was made in terms of section 49C of the Competition Act 89 of 1998, was to operate for six months or until the conclusion of a complaint hearing, and included a costs order against BCX. BCX appealed to the Competition Appeal Court, contending that the Tribunal had incorrectly found an unlawful tying arrangement under section 8(d) of the Act and had granted interim relief without proper consideration of anti‑competitive effects. Before dealing with the merits, the Competition Appeal Court had to determine a preliminary issue: whether the interim order was appealable under section 49C(8) of the Act.

The final outcome of the appeal (whether the order was found appealable and whether the appeal succeeded on the merits) is not contained in the provided judgment text, which addresses only the preliminary issue of appealability in principle.

This judgment is significant for clarifying the interpretation of section 49C(8) of the Competition Act and establishing a coherent, competition‑specific framework for determining when interim relief orders of the Competition Tribunal are appealable. It distinguishes competition interim relief from common‑law interim interdicts, emphasises the regulatory and market‑shaping nature of Tribunal orders, and balances the need for effective interim competition enforcement with procedural fairness to respondents.