Competition Commission a creature of statute - Accordingly it is bound to act in terms of the powers afforded it in terms of its enabling legislation - Commission found that the transaction was not notifiable in terms of the Competition legislation - As such no notification fee payable - Commission acted beyond its powers and unlawfully in failing to refund the Respondent with the full fee paid in error in respect of a transaction which was not notifiable - The appeal is dismissed with costs - The cross-appealsubstantially upheld with costs.