Competition Commission v Pioneer Hi-bred International Inc and Others

Case No. Lower Court Judgments Hearing Date Judgment Date Majority Author  Vote
CCT 58/13 Competition Tribunal, 14 Oct. 2011
Competition Appeal Court, 28 May 2012
4 Nov. 2013 18 Dec. 2013  Skwyeyia ADCJ  Unanimous

By Sarah McGibbon and Duncan Wild on 21 December 2013

In November the Constitutional Court will hear an application for leave to appeal against a costs order of the Competition Appeal Court (“CAC“) brought by the Competition Commission (“Commission“).

The Constitutional Court, in a unanimous decision written by Acting Deputy Chief Justice, Skweyiya, found that it was generally undesirable to hinder the good faith performance by the Commission of its functions with the threat of a costs order, and in the absence of reasons for the costs order imposed in this case, the costs order should be set aside. Continue reading