Commission rapped by Appeal Court judge
Publish date: 07 December 2006
Issue Number: 1723
Diary: Legalbrief Today
Category: Competition
The Competition Commission acted beyond its powers by agreeing not to refer a complaint about the pricing of antiretroviral drugs to the Competition Tribunal.
The Commission cannot abrogate its statutory functions by agreement, Judge Selwyn Selikowitz ruled at a Competition Appeal Court hearing in Cape Town. A report on the IoL site says the ruling related to a 2002 Treatment Action Campaign complaint to the commission that manufacturer GlaxoSmithKline was charging excessive prices for antiretroviral drugs. Selikowitz said the Commission was obliged to refer to the Tribunal any complaint which it believed involved a prohibited practice. Full report on the IoL site