Directory Solutions is ordered to pay Trudon and Telkom’s legal costs

Directory Solutions alleged that the aforesaid requirement constituted anti-competitive conduct by Trudon. Directory Solutions’ once off fee for submitting an entry  to Trudon is in the vicinity of R1650 whilst Trudon’s fees for publishing an enhanced listing is typically in the vicinity of R300 per annum. The Competition Commission has not taken a decision on whether to refer the complaint to the Competition Tribunal.

On 29 March 2010, Directory Solutions CC (“Directory Solutions”) launched an application for interim relief against Trudon and Telkom. The Competition Tribunal found in favour of Directory Solutions and ordered Trudon to publish subscriptions submitted to it by Directory Solutions without imposing an upfront payment condition.  Trudon noted an appeal against the decision of the Competition Tribunal which was heard by the Competition Appeal Court (“CAC”) on 17 June 2010.

The CAC, in a unanimous decision, upheld Trudon’s appeal. The CAC found that the Competition Tribunal’s order would have final and irreversible effect and, as such, was appealable. 

The CAC further held that the Competition Tribunal’s finding was incorrect as Directory Solutions presented no evidence of anti-competitive conduct by Trudon or Telkom. It accordingly overturned the Competition Tribunal’s decision and ordered Directory Solutions to pay Telkom and Trudon’s legal costs of the application and the appeal. Trudon and Telkom are satisfied with the outcome of the proceedings.

Trudon has received a number of complaints from customers in regards to Directory Solutions’ business practices. It shall continue to employ its best endeavours to protect its customer’s interests. 

23 June 2010

Issued by Trudon Marketing Department