Of relevance in the competition law space, Tebogo Malatji and Bonang Lorato Masia made written and oral submissions before the Parliamentary Portfolio Committee on Economic Development at the public hearings held in Parliament on 28 and 29 August 2018 on the Competition Amendment Bill.
We are currently assisting the Economic Development Department in relation to the institutional requirements for implementing the Competition Amendment Act, 2018. The Minister of Economic Development, Honourable Ebrahim Patel MP, appointed our Mr Tebogo Malatji to lead an expert panel on the requirements of the Competition Authorities to get them to a state of readiness to implement the Amendment Act. In this process we have been involved in the extensive review of the Competition Commission and Competition Tribunal’s requirements on its resources; funding; systems etc. This work includes conducting a benchmark exercise with the competition authorities of foreign jurisdictions such as the UK; Canada; the USA; Australia; Chile and Italy. The work resulted in a report to the Department.
Bonang Lorato Masia acted as lead attorney assisting the Competition Commission in two matters of abuse of dominance in the Telecommunications sector against Telkom SA SOC Limited. The Competition Tribunal imposed a penalty of R449,000,000 on Telkom for abusing its dominance in the market between 1999 and 2004, a period in which Telkom was a monopoly provider of services. In a separate, but related dispute, the commission and Telkom agreed on a settlement to resolve a series of complaints lodged against Telkom from 2005 to 2007 by Internet service providers. Telkom agreed to make payment of R200,000,000.