Press release: ISPA welcomes the supreme court’s decision on Telkom

Published on: 2009-11-27

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The Internet Service Providers’ Association (ISPA) welcomes the decision by the Supreme Court of Appeal (SCA) to set aside the earlier High Court ruling on the referral of a complaint against Telkom to the Competition Tribunal.

This important decision paves the way for the Competition Tribunal to finally examine Telkom’s conduct in the Internet services market during the early part of this decade. It also sets important precedent regarding the jurisdiction of the Competition Commission over the communications sector.

Telkom had previously argued that because the Independent Communications Authority of South Africa (ICASA) regulates the communications sector, the Competition Commission does not also have jurisdiction over this sector. The decision of the SCA makes it clear that ICASA and the Commission have concurrent jurisdiction, and that the Tribunal has the competence to adjudicate on competition issues in the communications sector.

ISPA welcomes this much needed clarity on the Competition Commission’s role and looks forward to a speedy review of the complaints previously referred to the Competition Tribunal by the Commission.

Further Information

For further information, please contact the ISPA secretariat on the Contact ISPA page.