Two interprovincial bus transportation companies will this morning apply to the Competition Tribunal to be recognised as participants in the Competition Commission’s (“Commission”) alleged abuse of dominance case against the Passenger Rail Agency of South Africa SOC Ltd (“PRASA”) and its subsidiary, Autopax Passenger Rail Services SOC Ltd (“Autopax”).
 
The case against PRASA and Autopax relates to the alleged abuse of dominance by PRASA over its management of the loading bays and office space utilised by various bus operators.
 
Eagle Liner Transport (Pty) Ltd, trading as Eagle Liner and Intercity Express ("Eagle”), and David Bus Service (Pty) Ltd, trading as Eldo Coaches ("Eldo”), want to be accorded participation rights in the matter when it is heard before the Tribunal. They they argue that their interests and concerns will not be adequately represented by the Commission or Intercape, a prior admitted intervenor in the complaint referral.
 
Eagle and Eldo seek full procedural rights of participation which includes accessing the record of proceedings; calling for the discovery of further documents from all participants; filing witness statements; leading evidence; cross-examining witnesses; and accessing third party confidential information.
 
The Tribunal will also be hearing PRASA’s applications for leave to admit further supplementary affidavits in response to the replying affidavits filed in the intervention applications.
 
Background
 
The Commission referred the complaint against PRASA and Autopax to the Tribunal, seeking an order that PRASA has contravened section 8 of the Competition Act i.e. that PRASA has abused its dominance.
 
The Commission is also asking the Tribunal to: 

direct PRASA to provide access to loading bays and office space to interprovincial bus operators who have applied for access to loading bays and office space at Park Station;

direct PRASA to terminate Autopax’s exclusive use of the Autopax-Only-Area at Park Station;

direct PRASA to grant interprovincial bus operators, who have applied for access to loading bays, access to loading bays located at the Autopax-Only-Area at Park Station;

interdict and restrain PRASA from contravening the Competition Act; and order PRASA to pay an administrative penalty. 

 

Issued by Gillian de Gouveia, Communications Manager on behalf of the Competition Tribunal of South Africa