Swaziland Competition Commission v Swazi Mtn Ltd (31 of 2019) [2020] SZSC 101 (12 March 2020)

Case summary

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. 

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