The Supreme Court of Appeal has dismissed appeals by both the Competition Commission and Tracetec (Proprietary) Limited against Altech Netstar (Proprietary) Limited.

On April 3 2012 the Supreme Court of Appeal dismissed a claim brought by Tracetec and the commission against vehicle tracking company Netstar with costs.

In February 2005 the commission received a complaint from Tracetec alleging that Netstar had engaged in anti-competitive behaviour between 1999 and 2003 when Netstar accepted the Vehicle Security Association's (VESA) invitation to become a member of a VESA sub-committee which suggested minimum standards for vehicle tracking systems by insurance companies.

The matter came before the Competition Tribunal in April 2010, when the tribunal found that Netstar was guilty of contravening the Competition Act (89/1998). Netstar subsequently took the tribunal's finding on appeal in February 2011 and the Competition Appeal Court set aside the tribunals finding, leading the commission to approach the Supreme Court of Appeal, which also dismissed the claim.

For further information on this topic please contact Janine Simpson at Webber Wentzel by telephone (+27 11 530 5000), fax (+27 11 530 5111) or email ([email protected]).