Not only is Telkom appealing against the Competition Tribunal's ruling that found the fixed-line operator guilty of anticompetitive behaviour, but now the Competition Commission has filed a "cross appeal" against sections of the tribunal's findings and wants Telkom to face a higher penalty than the R449m the tribunal imposed in August.
The commission appears to believe that it proved the conditions for a conviction on grounds other than those the tribunal found and that the tribunal should have taken other mitigating circumstances into consideration in its ruling and in setting the fine imposed on Telkom.
The original penalty proposed by the commission was in excess of R3bn. It still wants a fine of that magnitude imposed and says the tribunal erred in setting the penalty as low as it did.
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