On 11 September 2012 the Competition Commission (Commission) filed a cross appeal against the finding of the Competition Tribunal (Tribunal), arguing that parts of its argument against Telkom were not considered during hearings.

In August 2012 the Tribunal fined Telkom ZAR 449 million for abusing its monopoly position in the period 1999 and 2004, by refusing to provide competitors access to essential facilities.

The Commissioner, Shan Ramburuth, stated that the Tribunal only found against Telkom in the essential facilities part of its case and did not take all the evidence and arguments around excessive pricing into account. Furthermore, the Commissioner stated that the Tribunal erred in fixing the penalty at ZAR 449 million and it should have fined Telkom at a "materially higher level", which it says is in the order of ZAR 3 billion.


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