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Blow to Telkom welcomed

27 November 2009
Not well thought out as consumers end up footing the bill in any case.
Blow to Telkom welcomed
The Internet Service Providers' Association (ISPA) on Friday welcomed a Supreme Court of Appeal decision to set aside a decision on the referral of a complaint against Telkom to the Competition Tribunal.

ISPA said in a statement the decision paved the way for the Competition Tribunal to finally examine Telkom's conduct in the internet services market during the early part of the decade.

"It also sets important precedent regarding the jurisdiction of the Competition Commission over the communications sector."

The SCA upheld an appeal by the Competition Commission against a decision of the High Court in Pretoria to review and set aside its decision to refer certain complaints of anti-competitive conduct by Telkom to the Competition Tribunal.

The court held that there was no reason to suggest that the referral was vitiated by bias or prejudice, rendering it unlawful.

It found the commission mad ...

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