The Competition Commission v Computicket (Pty) Ltd

Five complaints were lodged with the Competition Commission against Computicket concerning exclusivity clauses in its contracts for ticket distribution services, alleged to constitute exclusionary and anti-competitive conduct. The Commission referred the complaints to the Competition Tribunal. Before the merits were heard, Computicket sought to review the Commission’s referral decision on legality grounds and, in an interlocutory application, compelled discovery of the record underlying the referral decision. The Tribunal refused the interlocutory relief, but the Competition Appeal Court (CAC) overturned that refusal and ordered discovery. The Commission sought leave to appeal that interlocutory discovery order to the Supreme Court of Appeal (SCA).

The application for leave to appeal was dismissed with costs, including the costs of two counsel.

The case clarifies the impact of the 17th Constitutional Amendment Act on the appellate jurisdiction of the Supreme Court of Appeal in competition matters. It confirms that the SCA’s jurisdiction is confined to what is expressly permitted by the Competition Act and that many appeals from the Competition Appeal Court are now final, with constitutional matters lying exclusively to the Constitutional Court. The judgment also reinforces principles relating to legality review and access to the record of decision-making.