Cape Gate cartel case heads to ConCourt
“The commission seeks to advance the principle before the Constitutional Court that a firm – Cape Gate – cannot be immunised from liability for cartel conduct on the basis of the tribunal’s delay in issuing its decision where there is evidence that the firm engaged in cartel conduct,” a spokesperson said in response to questions.
Cape Gate presented evidence of around 30 emails by itself and the commission repeatedly asking the tribunal for a decision – never mentioning any settlement discussions.
When the tribunal found it guilty of the conduct in 2025 – more than six years after hearing evidence – the firm took the decision on review before the appeal court.
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