Tribunal recognises Intercape as participant
in alleged abuse of dominance case against PRASA

 
Bus transportation provider, Intercape Ferreira Mainliner (Pty) Ltd (“Intercape”), will be allowed, by agreement between Intercape and the Passenger Rail Agency of South Africa SOC Ltd (“PRASA”), to participate in an alleged abuse of dominance case against PRASA and its subsidiary, Autopax Passenger Rail Services SOC Ltd (“Autopax”). Autopax operates two bus services, namely Translux and City-to-City. The agreement was made an order of the Tribunal.
 
This follows an application by Intercape to intervene in the matter on the basis that it is a complainant whose complaint formed part of the Competition Commission’s (“the Commission”) initial investigation and referral. Intercape submitted to the Tribunal, among others, that its direct interest in the outcome of the complaint referral was not adequately represented by the Commission.
 
The complaint relates to the alleged abuse of dominance by PRASA over its management of the loading bays and office space utilised by various bus operators. The complaint was referred to the Tribunal by the Commission for prosecution and the matter has been set down for hearing from 27 September 2021.
 
Intercape’s participation in the Tribunal proceedings will include the right for its legal representatives to, among others: access documents in the matter; participate in the discovery process; attend pre-hearings; lead evidence; and cross-examine witnesses.
 
Intercape's participation rights will be limited to the issues identified and pursued by the Commission in respect of the complaint referral, and the pursuit of consequential relief in respect of the levying of access fees at Park Station.
 
*Note to editors/journalists
 
Any party who has a material and substantial interest in a matter can formally apply to the Tribunal to participate in the proceedings. In deciding whether to grant “entry” into the matter the Tribunal can also consider a party’s ability to assist in its consideration of the matter.
 
In terms of procedure, applicants are required to file an application for intervention and set out their interest in the matter in an affidavit. The Tribunal hears the application then decides whether it is reasonable and just to allow such participation.