Trudon (Pty) Limited v Directory Solutions CC and Telkom SA Limited

Trudon (Pty) Ltd, a company majority-owned by Telkom SA Ltd, publishes official Telkom telephone directories under a statutory licence requiring free basic listings and permitting paid enhanced listings. Directory Solutions CC operates a business assisting subscribers to place or amend directory listings, charging its own fee in addition to Trudon’s enhanced listing fee. In 2005 Trudon imposed a condition requiring upfront payment for enhanced listings and a power of attorney when listings were submitted via Directory Solutions. In 2009 Directory Solutions complained to the Competition Commission, alleging abuse of dominance, and sought interim relief from the Competition Tribunal under section 49C of the Competition Act to compel Trudon to publish its clients’ listings without upfront payment for the 2010/2011 directories. The Tribunal granted interim relief. Trudon appealed to the Competition Appeal Court.

The appeal was upheld and the interim order of the Competition Tribunal compelling Trudon to accept listings without upfront payment was set aside.

The case clarifies that interim orders of the Competition Tribunal may be appealable where they have final or irreversible effects. It reinforces strict pleading and evidentiary requirements for interim relief under section 49C of the Competition Act, particularly in abuse of dominance cases. The judgment underscores the necessity of properly defining relevant markets, establishing dominance, and demonstrating anti-competitive effects before competition authorities may intervene.