Sun, 15 Dec 2019

Shoprite Checkers and its subsidiary Computicket will on Friday appear before the Competition Tribunal in a bid to have a case against it dismissed.

The matter relates to the Competition Commission's second "abuse of dominance" case against Computicket. The case has been referred to the Tribunal for a hearing, according to a statement issued by the Tribunal on Thursday night.

The Competition Appeal Court in October dismissed an appeal by Computicket against a Tribunal hearing that it pay a R20m penalty for abuse of market dominance, Fin24 previously reported. This case investigated claims of Computicket's abuse of market dominance between 2005 and 2011.

The second case relates to the period between 2013 till now. "This time however, the Commission wants Shoprite Checkers, as Computicket's parent company, to be held jointly and severally liable for the alleged contravention," the Tribunal's statement read.

"In its dismissal application, Shoprite Checkers will ask the Tribunal to dismiss the Commission's case against it or, alternatively, Shoprite Checkers notes an exception against the Commission's referral.

"It will argue, among others, that the Commission has failed to sufficiently disclose material facts and points of law on which it relies for its cause of action against Shoprite Checkers."

The Commission is opposing both of Shoprite Checkers' applications.

Computicket has lodged an exception application to the abuse of dominance case.

"It will ask the Tribunal to order the Commission 'to improve upon its pleadings to address the vague and embarrassing nature of the case sought to be made out,'" the Tribunals statement read.

The matter is expected to be heard at the Tribunal's courtroom in Pretoria at 10:00.

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