TELKOM could still face a R5-billion fine for anti-competitive behaviour, despite a Pretoria High Court ruling in the operator’s favour last week. <\/p>\n
The court ruled on Friday that the Competition Commission could not refer a complaint against Telkom to the Competition Tribunal. <\/p>\n
The commission has vowed to continue its pursuit of Telkom even if an appeal application to the high court is unsuccessful. <\/p>\n
Thulani Kunene, head of the enforcements and exemptions division at the commission, yesterday said: “We will still go back and investigate the matter in a manner that satisfies the courts.” <\/p>\n
The commission’s referral was blocked on the grounds that it was made out of time (after the prescribed one-year period). <\/p>\n
The commission also made the blunder of not consulting the Independent Communications Authority of SA (Icasa) on the issue. <\/p>\n
Internet service providers have accused Telkom of charging them more for bandwidth than it charged its own Internet division, and refusing to supply some ISPs any bandwidth at all. <\/p>\n
Two months ago Telkom filed a law suit against the competition commission with the high court, claiming that the commission had no jurisdiction to prosecute the state-owned telecommunications monopoly over competition matters. <\/p>\n
It said that, based on the old Telecommunications Act, which was in effect when the commission sent a referral of prosecution to the tribunal in 2004, only Icasa had jurisdiction. <\/p>\n
The Electronic Communications Act of 2005 has since afforded the commission rights to handle all competition matters. <\/p>\n
Telkom said it felt ‘‘vindicated” by Justice Claasen’s decision to block the tribunal referral. <\/p>\n
Mark Furman, head of legal services at Internet Solutions (one of the initial complainants against Telkom) said that last week’s win was only a minor setback in the prosecution of Telkom. <\/p>\n
He said: ‘‘There are still other matters relating to Telkom’s anti-competitive practices under investigation and those will go ahead. <\/p>\n
‘‘The court’s decision was not based on the question of jurisdiction, but the fact that the report that the commission used was overly biased against Telkom. <\/p>\n
Kunene said: ‘‘Although the process was called into question, the merits of the case still stand. Telkom will still have to answer for itself in the tribunal.” <\/p>\n
Telkom stands to be fined 10 percent of its R50-billion revenue. <\/p>\n