Johannesburg - Computicket’s application to have a complaint for anti-competitive behaviour set aside is unsuccessful.
In a statement issued over the weekend, the Competition Tribunal says Computicket sought to have a complaint brought against it by the Competition Commission for anti-competitive behaviour reviewed and set aside.
In 2008, the commission received complaints from rival companies Strictly Tickets, Artslink, Going Places, TicketSpace and Ezimidlalo Technologies, which alleged that Computicket was engaged in anti-competitive practices by securing exclusive agreements with entertainment providers.
The complaints were consolidated into a single case, which was referred to the Tribunal in April 2010.
The review application follows a lengthy history of prior litigation between Computicket and the commission relating to whether Computicket was entitled to certain documents in the commission’s possession. The litigation was settled, with Computicket receiving the documents it required.
The review application was based on two main arguments: whether the complaint should have been brought by the commissioner or the commission and whether the decision-makers applied their minds to the matter of referral. Computicket said the decision-makers based their decision on the investigation report, rather than all the documents at their disposal, says the tribunal.
Both grounds for review were dismissed by the tribunal, with the competition authority noting that Computicket too eager to use reviews instead of “availing themselves of an opportunity to defend themselves at trial”.
“A review is decided on papers. A hearing is not; it involves inter alia, the hearing of …testimony, cross examination and full discovery. The hearing is therefore the superior process for resolving disputes of fact, and conclusions that inevitably arise in competition matters.”
IOL