In that case, the Court held that the Commission must provide the searched person with a copy of the affidavit which the Commission used to obtain the warrant and that refusing to do so infringed PPC’s right to access to court. The Commission cannot respond to inquiries about the exact timing of their publication Skip to results. All of the CC's inquiries were undertaken following a reference made by another authority, most often the Under the Enterprise Act 2002 (the Enterprise Act), the OFT could review mergers to investigate whether there was a realistic prospect that they would lead to a substantial lessening of competition (SLC), unless it obtained undertakings from the merging parties to address its concerns or the market was of insufficient importance. In practice, the Commission copies enormous databases and then has these databases searched using keywords so that they can try and find the evidence it needs to support its case.
If a regulated company did not agree to a modification of its licence proposed by the regulator, the regulator was required to refer the question to the CC. If the warrant is unintelligible then even if the investigators give the person being searched further particulars or explain the warrant, the warrant may still be unlawful.Are broadly framed warrants lawful? To qualify for investigation by the OFT, a merger needed to meet all three of the following criteria: Searches of data storage “clouds” can lead to complicated questions about jurisdiction and the scope of the warrant. In that case, the Court held that the Commission must provide the searched person with a copy of the affidavit which the Commission used to obtain the warrant and that refusing to do so infringed PPC’s right to access to court. On this page you can see all currently open merger cases.
It could also require a company to sell off part of its business or take other steps to improve competition. It may also be copying information on storage facilities which are not based in South Africa. HeidelbergCement referred to the decision of Nexans SA and Nexans France SASA v European Commission, Case C-37/13P which dealt with a challenge to documents authorizing a dawn raid. Illinois Courts Information Site. Lee Book Company Limited, The Commercial Press (Hong Kong) Limited, Sino United Publishing (Holdings) Limited and Hui Chiu Ming.
When dealing with a dawn raid, it’s always important to remember the basics. The PPC Case is the only South African case dealing with search warrants issued in terms of the Competition Act. About this case search tool. The Competition Commission was a non-departmental public body responsible for investigating mergers, markets and other enquiries related to regulated industries under competition law in the United Kingdom. The difficulty with this is that it can copy vast quantities of irrelevant highly confidential information. In describing the requirements of the statement of reasons required for institutional measures of the European Union, the court held that “the statement of reasons required … must be appropriate to the measure at issue and must disclose in a clear and unequivocal fashion the reasoning followed by the institution which adopted that measure in such ways as to enable the persons concerned to ascertain the reasons for it and to enable the competent Court of the European Union to exercise its jurisdiction to review legality” (at paragraph 31). The Competition Commission is a statutory body constituted in terms of the Competition Act, No 89 of 1998 by the Government of South Africa empowered to investigate, control and evaluate restrictive business practices, abuse of dominant positions and mergers in order to achieve equity and efficiency in the South African economy.The Commission is empowered by the Competition Act to investigate, control and evaluate restrictive business practices, abuse of dominant positions and mergers in order to achieve equity and efficiency in the South African economy.
Where an inquiry was referred to the CC for in-depth investigation, the CC had wide-ranging powers to remedy any competition concerns, including preventing a merger from going ahead. Documents: 20 Mar 2020: CTEA2/2020: Competition Commission v. T.H. The Competition Commission is increasingly enthusiastic in the execution of dawn raids. In the PPC Case, the Commission’s search warrants were also challenged on the basis that they were too broadly framed.
View the closed … The Commission can negotiate agreements with any regulatory authority to coordinate and harmonise the exercise of jurisdiction over competition matters within the relevant industry or sector, and ensure the consistent application of the principles of the Act. Before finding out what percentage firms take up, the CC has to 'define the market'. I refrain from making any further comment, other than to say that a warrant should be tailored for the occasion not simply taken from stock” (paragraph 74).The Constitutional Court decision of Minister of Safety and Security v van der Merwe and Others 2011 (5) SA 61 (CC) neatly summarizes the requirements for a search warrant issued in terms of criminal law. Case type: Complaint Referral from Commission Case status: Reasons Issued Outcome: Contravened Order date: 2020-06-01 Sector: Wholesale and retail trade - repair of motor vehicles and motorcycles Industry: Manufacture, distribution, import and export of overalls and allied products Relevant market: Sale of disposable facemasks in South Africa Sections of the act: … : Competition Law Companies regulated under the gas, electricity, water and sewerage, postal services, railways or airports legislation generally had a formal instrument (a licence) setting out the terms of their operation. European institutions must state the reasoning followed when adopting measures so as to enable the people subject to those measures to understand the reasons for them and to enable courts to review the legality of those measures (article 296 of the Treaty for the European Union and see paragraph 16 of HeidelbergCement). Filter results.
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