| Summary | The Competition Tribunal ordered that the interim relief
application brought by Gogga Tracking Solutions (GTS)
against Vodacom Service Provider (VSP) is struck from the
roll. GTS is a data retailer targeting the market for data
packages smaller than 500 megabytes and a customer of VSP.
VSP is not only a data wholesaler but is itself a
participant in the retail market for data bundles, being
vertically integrated at least to this extent, and thus is a
competitor of GTS in the retailing of data bundles. The
underlying complaint of GTS is an allegation of an abuse of
dominance by VSP. More specifically, GTS complains that it
was the victim of a margin squeeze by VSP. The interim
relief sought includes interdicts which would prohibit VSP
from inter alia cutting off the supply of data to any of
GTS’ customers, interfering with the telecommunications
facilities provided by GTS to its customers, and demanding
payment from GTS of disputed amounts in GTS’s account with
VSP. The Tribunal has decided at this stage that effect must
be given to an existing shareholders’ agreement as it
stands regarding the issue of authorisation to bring an
interim relief application as GTS. The agreement contains a
clause which at face value has the effect that GTS may not
engage in litigation without the consent of both the current
shareholders, namely the Somnium Family Trust (which is
represented by Mr Eugene Beetge (‘Beetge’), the sole
director of GTS) with a shareholding of 51% and Vodacom
Ventures (VV”), which is a subsidiary of VSP, with a
shareholding of 49%. Accordingly, Vodacom contended, in view
of VV’s position as a shareholder in GTS, the consent of
VV was... |
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