n Without Prejudice - Of cows, chemicals, cartels ... and geese : competition law
|Article Title||Of cows, chemicals, cartels ... and geese : competition law|
|© Publisher:||JetBlue Publishers (Pty) Ltd|
|Affiliations||1 Webber Wentzel and 2 Webber Wentzel|
|Publication Date||Jul 2011|
|Pages||46 - 47|
A spate of recent decisions has emphasised the chasm between the legal philosophies adopted by practitioners and the Competition Commission. The Commission views law as a tool for the achievement of investigative ends while, for legal practitioners, the rule of law directs the manner in which investigative ends are to be achieved. Recent jurisprudence has favoured legal formalism, emphasising the necessity for the Commission to follow due process, as any significant procedural irregularity or deviation from the prescribed rules is unlikely to be countenanced, despite the Commission's contention that "There must...be a limit to which meritless technical points can be relied upon."
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