Supreme Court milks CAC decision

In a dramatic decision handed down on 13 September 2010 in the case of Woodlands (Pty) Ltd and Milkwood Dairy (Pty) Ltd v The Competition Commission, the Supreme Court of Appeal (SCA) upheld an appeal against an order of the Competition Appeal Court (CAC) and found that the complaints initiated by the Commission against the appellants were set aside. The court further directed the Commission to return all documents and copies in its possession belonging to the appellants.

The Commission alleged that the appellants were involved in fixing prices of raw milk. A complaint had been lodged against certain firms and as consequence the Commission initiated a full investigation into the milk industry, without qualification or specific complaints against them.