Abuse of dominance complaint against Telkom results in R449 million fine

The Competition Commission with expert economic advice from Genesis Analytics was successful in prosecuting a complaint of abuse of dominance against Telkom in the telecommunications market in South Africa. Genesis Analytics provided economic evidence and testimony in the complaint against the public utility brought to the Competition Tribunal by the Commission for conduct between 1999 and 2004.

The Tribunal held based on, among other key facts, evidence put forward by Genesis Analytics that Telkom refused to supply essential facilities to independent value added network providers and that Telkom had induced its customers not to deal with them. As a result of these findings, the Tribunal ruled that Telkom would have to pay a large penalty of R449 million.