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Emedia Investments Proprietary Limited v Multichoice Proprietary Limited and Another (IR194Mar22/EXT035May24) [2024] ZACT 23 (14 June 2024)

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COMPETITION TRIBUNAL OF SOUTH AFRICA

 

Case no.: IR194Mar22/EXT035May24

 

In the matter between:


 


EMEDIA INVESTMENTS PROPRIETARY LIMITED

Applicant

 


and


 


MULTICHOICE PROPRIETARY LIMITED

First Respondent

 


THE COMPETITION COMMISSION

Second Respondent

 

Panel:                      Ms M Mondo (Presiding Member)

                               Prof. L Mncube (Tribunal Member)

                               Adv G Budlender SC (Tribunal Member)

 

Heard on:                14 June 2024

Order Issued on:      14 June 2024

 

ORDER

 

Having considered the application for the extension of the interim relief order granted by the Competition Appeal Court on 01 August 2022 under Case No: 201/CAC/JUN22, extended by the Competition Tribunal under Case No: IR194Mar22/EXT151Nov22 on 31 January 2023, and further extended by the Competition Tribunal on 18 December 2023 under Case No:IR194Mar22/EXT061JUL23, and by agreement between the applicant and the first respondent, without any admission by the first respondent that the applicant is entitled to the relief sought in the application instituted by the applicant under the above case number on 28 May 2024, the Competition Tribunal orders as follows:

 

1.         The interim order granted by the Competition Tribunal with effect from 18 December 2023, in terms of which the first respondent is interdicted from removing four of the applicant's channels (namely eExtra, eToonz, eMovies and eMovies Extra) from the bouquets of channels on the DStv platform of which they currently form part, is extended for a further period not exceeding the earlier of:

 

1.1. The date of the conclusion of the hearing of eMedia's Complaint referral, being the date on which the Tribunal's order is handed down; or

 

1.2. The date that is 6 months after the date of issue of this order.

 

2.         No order as to costs.

 

Presiding Member                                                                14 June 2024

Ms Mondo Mazwai                                                               Date

 

Concurring: Professor Liberty Mncube and Advocate Geoff Budlender SC