Computicket asked the Tribunal to dismiss a complaint referral saying it was defective.
Computicket brought an affidavit to the Tribunal to have a complaint referral reviewed and set aside on the grounds that the referral was defective as it had been made by the Commission and not the Commissioner, and also that the Commission had acted unreasonably and irrationally in referring the complaint.
The case has a long history of litigation. The Commission referred the case in April 2010 alleging that Computicket, through its exclusivity agreements, prohibited inventory providers from concluding agreements with other ticketing providers.
Computicket brought an application for the Tribunal to set aside the Commission’s complaint referral, but before the application could be heard by the Tribunal, Computicket filed an interlocutory application wanting access to the Commission’s record on which the challenged decision was based. The Tribunal refused access and the decisions were successfully appealed to the CAC. The Commission was denied leave to appeal the decision by both the CAC and the SCA.
The case has now been set down for a hearing on the merits from 14 to 17 October, and 30 to 31 October 2017