Telkom fights back in CompCom case

[moosag]

crossing my fingers! Hope they stick it to Telkom!

 

[tjunyat]

Fine Telkom R3.6 billion, but force them to invest it in infrastructure rather than pay it to some random person/group of people where the money actually just moves around in different government accounts!

 

[redheadfan]

Competition Act, 1998
Chapter 1 Definitions, Interpretation, Purpose and Application of Act
3. Application of Act

1) This Act applies to all economic activity within, or having an effect within, the Republic, except--
a) collective bargaining within the meaning of section 23 of the Constitution, and the Labour Relations Act, 1995 (Act No. 66 of 1995);
b) a collective agreement, as defined in section 213 of the Labour Relations Act, 1995; and

1A)
a) In so far as this Act applies to an industry, or sector of an industry, that is subject to the jurisdiction of another regulatory authority, which authority has jurisdiction in respect of conduct regulated in terms of Chapter 2 or 3 of this Act, this Act must be construed as establishing concurrent jurisdiction in respect of that conduct.

Sorry Telkom but the Competition Act does have at least joint control when it comes to competition matters.

I'd read the other provisions of the act to say that where there's joint jurisdiction there's nothing to stop ICASA from introducing measures in terms of competition but it in no ways restricts the competition commission from doing the same.

 

[apogeeza]

There's a "memorandum of understanding" ("MMO") between ICASA and the CompCom which speaks to the CompCom having primary jurisdication over competition matters in the telecoms industry.

@Alexcon, do you have a wikileaks of that?
That memo, together with @reheadfan's quote, seems like a real winner for CompCom and SA consumers.