WHERE A COMPLAINT INITIATION IS AMENDED TO INCLUDE ADDITIONAL FIRMS, DOES THE THREE YEAR LIMITATION APPLY FROM THE DATE OF FIRST INITIATION OR FROM THE DATE OF THE AMENDMENT? COMPETITION COMMISSION V PICKFORDS REMOVALS SA (PTY) LTD (167/CAC/JUL18)

Authors: Lesetja Morapi

1. In Competition Commission v Pickfords Removals SA (Pty) Ltd,1 the Competition Appeal Court (CAC) dealt with a number of issues including, relevant to this note, the effect of an amendment to a complaint initiation on the application of the statute of limitation prescribed by s67(1) of the Act.

2. The CAC had to determine the effective date of complaint initiation in circumstances where a firm was only expressly identified as a party to a prohibited practice by an amendment to an original complaint initiation which did not expressly name that firm. In particular, the CAC had to decide whether the three year period prescribed by s67(1) should be calculated from the date of cessation of the prohibited practice to the date:

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