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Commission wants steeper Telkom fine

Sep 14 2012 15:06

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Last Updated: 25-11-2015 at 05:00. Prices are delayed by 15 minutes. Source: McGregor BFA

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Cape Town - The Competition Commission has filed a cross appeal against sections of the Competition Tribunal's guilty finding of Telkom's anticompetitive behaviour and wants the fixed-line operator to face a stiffer penalty.

TechCentral reported that the Commission believed it had proven the grounds for a conviction on other grounds and that the tribunal should have imposed the proposed penalty of around R3bn. It still wants Telkom [JSE:TKG] to pay a higher fine and believes the tribunal made a mistake by making the penalty so low.

Telkom's appeal against the fine and the commission's cross appeal mean that Telkom would not be required to meet the requirements of the tribunal's ruling, the report said.

But in the event that the commission's cross appeal is successful, then Telkom could face a steeper penalty with a much wider precedent.

Telkom said it had received notice of the Competition Commission's cross appeal.

"The commission is fully within its rights to cross appeal those aspects of the tribunal’s ruling it does not agree with. The matter will now proceed to a hearing of the appeal and cross appeal by the competition appeal court," a Telkom spokesperson is quoted as saying.

In April the Competition Tribunal fined Telkom R449m for abusing its dominance in the telecommunications market between 1999 and 2004.

The fine followed a decade-long investigation into the telecommunications company's practices.

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