The Competition Tribunal has dismissed attempts by Telkom to invalidate the competition case brought against it by the Competition Commission on technical grounds. The matter relates to a complaint lodged by Internet Solutions with the commission against Telkom, alleging that Telkom had abused its dominant position in the market for the provision of telecommunications network facilities.

In 2009 the commission referred the complaint to the tribunal. In its investigation, the commission found that Telkom had abused its dominant position and charged excessive prices for the basic infrastructure needed by its downstream competitors, the internet service providers (ISPs), to access a range of services while keeping its own ISP service charges low.

The tribunal found that Telkom's various technical objections to the commission's referral were without merit. Further, the tribunal stated that the various points of law raised by Telkom should more appropriately be argued when the main case is heard.

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