On September 11 2012 the Competition Commission, following the notice of appeal by Telkom Limited, filed a cross appeal against the finding of the Competition Tribunal in respect of the abuse of dominance referral brought against Telkom, arguing that parts of its argument against Telkom were not considered during hearings.
In August 2012 the tribunal fined Telkom, the national fixed-line operator, R449 million for abusing its monopoly position between 1999 and 2004 by refusing to provide competitors with access to essential facilities.
The commissioner, Shan Ramburuth, stated that the tribunal found against Telkom only in relation to the refusal to supply access to essential facilities part of its case and did not take into account all the evidence and arguments around excessive pricing. Further, the commissioner stated that the tribunal erred in fixing the penalty at R449 million and it should have fined Telkom at a "materially higher level", which, it says, would be in the order of R3 billion.
For further information on this topic please contact Lesley Morphet at Webber Wentzel by telephone (+27 11 530 5000), fax (+27 11 530 5111) or email ([email protected]).