Tribunal allows Intercape to participate in PRASA matter
The Competition Tribunal has announced that bus transportation provider, Intercape Ferreira Mainliner, will be allowed, by agreement between Intercape and the Passenger Rail Agency of South Africa (PRASA), to participate in an alleged abuse of dominance case against PRASA and its subsidiary Autopax Passenger Rail Services.
Autopax operates two bus services, namely Translux and City-to-City.
The agreement has been made an order of the tribunal.
This follows an application by Intercape to intervene in the matter on the basis that it is a complainant whose complaint formed part of the Competition Commission’s initial investigation and referral.
Intercape submitted to the tribunal, besides others, that its direct interest in the outcome of the complaint referral was not adequately represented by the commission.
The complaint relates to the alleged abuse of dominance by PRASA over its management of the loading bays and office space used by various bus operators.
The complaint was referred to the tribunal by the commission for prosecution and the matter has been set down for hearing from September 27.
Intercape’s participation in the tribunal proceedings will include the right for its legal representatives to, among others: access documents in the matter; participate in the discovery process; attend pre-hearings; lead evidence; and cross-examine witnesses.
Intercape's participation rights will be limited to the issues identified and pursued by the commission in respect of the complaint referral, and the pursuit of consequential relief in respect of the levying of access fees at Park Station.
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