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COMPETITION TRIBUNAL OF SOUTH AFRICA

 

Case No: IR119Oct19

 

In the matter between:

 

VEXALL PROPRIETARY LIMITED                                          Applicant

 

And

 

BUSINESS CONNEXION PROPRIETARY LIMITED               First Respondent

 

THE COMPETITION COMMISSION                                        Second Respondent

 

 

Panel: Yasmin Carrim (Presiding Member), Anton Roskam (Tribunal Member),Halton Cheadle (Tribunal Member)

Heard on: 3 February 2020

Order issued on: 12 February 2020

 

 

ORDER

 

 

KINDLY TAKE NOTICE THAT having heard the parties, the Competition Tribunal issues the following order in terms of section 49C of the Competition Act 89 of 1998, as amended ("the Act") in the following terms:

 

1.   For the purposes of this order the following terms mean-

 

a. 'BCX' means the First Respondent;

b. 'complaint' means the complaint referred to the Competition Commission by the Applicant on 16 October 2019;

c. 'customer' means a customer of the Unisolv licence supplied by BCX;

d. 'Unisolv licence' means the use of the Unisolv software and any upgrades, bug fixes, repairs or additional coding to the software;

e. 'software support services' means those support services related to the upgrading and repairing of the Unisolv software provided by BCX;

f.  'value added services' includes BCX's Data Bureau Service, its Electronic Remittance Services and support services other than software support services.

 

2.   From the date of this order BCX is prohibited from selling or offering a Unisolv license on condition that a customer purchases value-added services from BCX.

 

3.   The order in paragraph 2 remains in force for 6 months from date of this order or the conclusion of a hearing into the complaint, whichever is the earlier.

 

4.   BCX to pay Applicant's costs of the application.

 

 

Ms Yasmin Carrim

Mr Anton Roskam and Prof. Halton Cheadle concurring.

 

Date: 12 February 2020

 

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