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Competition Tribunal grants GovChat, #Let’sTalk intervention rights
in upcoming case involving Meta, WhatsApp and Facebook SA
The Tribunal has granted civic engagement platform, GovChat (Pty) Ltd, and its subsidiary, #LetsTalk (Pty) Ltd, leave to intervene in an alleged abuse of dominance case brought by the Competition Commission against Meta Platforms Inc (formerly Facebook Inc.); WhatsApp Inc; and Facebook South Africa (Pty) Ltd.
GovChat and #LetsTalk recently applied to the Tribunal for participation rights in the pending abuse of dominance proceedings on the basis that their interests are not adequately represented by the Commission and that they can assist the Tribunal in certain respects.
Subject to limited scope of intervention granted by the Tribunal regarding the declaratory and interdictory relief sought by the Commission, GovChat and #LetsTalk will have the right to:
- attend pre-hearing conferences;
- cross-examine witnesses;
- request the Tribunal to direct/summon/order any person to appear at the hearing or to produce any book/document/item for purposes of the hearing;
- access documents, subject to confidentiality undertakings/claims;
- participate in any interlocutory proceedings; and
- make written and oral submissions.
Background
GovChat is a private company that created a citizen engagement platform on the WhatsApp technology. It facilitates communication between the government and citizens through the business product offered by WhatsApp. During the Covid-19 pandemic, GovChat assisted the Department of Health with Covid-19 education, symptom tracking and testing. It also assisted the Department of Social Development and the South African Social Security Agency with enabling citizens to apply for distress grants.
During the pandemic, in March 2021, GovChat and #Let’sTalk applied to the Tribunal for interim relief against Meta, WhatsApp and Facebook South Africa after it was threatened with removal from WhatsApp due to alleged non-compliance with WhatsApp’s terms of use.
The Tribunal granted the interim relief, preventing the removal of GovChat from the WhatsApp platform, pending the outcome of the Commission’s investigation into GovChat’s complaint against Meta, WhatsApp and Facebook South Africa. The Commission subsequently completed its investigation and referred the matter to the Tribunal for prosecution. The alleged abuse of dominance case is pending.
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