Synopsis:
Application for leave to appeal against a decision of the Competition Appeal Court concerning its powers to make costs orders against the Competition Commission in respect of proceedings in the Competition Tribunal and in the Competition Appeal Court. The Court held that the Competition Appeal Court has no power under the Competition Act to order costs against the Commission in relation to Tribunal proceedings. The Court held further that while the Competition Appeal Court has the discretion to order costs against the Commission in appeal proceedings before it, that power is limited by the Act. The exercise of this discretion should be guided by the principle that when the Commission litigates in the course of fulfilling its statutory duties, it is generally undesirable for it to be inhibited in the good faith fulfilment of its functions by the threat of an adverse costs order. Leave to appeal was granted and the appeal was upheld.
Judgment: Skweyiya ADCJ (unanimous).
