South Africa Case Law

Competition Commission of South Africa v Steinhoff International Holdings Pty Limited (A283/2022)

Competition Commission of South Africa v Steinhoff International Holdings Pty Limited (A283/2022) [2025] ZAGPPHC 328 (28 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

A283/2022

Judges

Francis-Subbiah, J Nyati, A Africa

The High Court upheld the Commission’s appeal, set aside the refusal of condonation, and granted condonation for the late answering affidavit in a competition-law review.

• Collusive Price Fixing
• Administrative Penalty
• Condonation
• Ultra Vires Review
• Parent Company Liability
• Exclusive Jurisdiction

Doorware CC v Mercury Fittings CC (836/2023)

Doorware CC v Mercury Fittings CC (836/2023) [2025] ZASCA 25 (27 March 2025)

Court

Supreme Court of Appeal

Case number

836/2023

Judges

Mokgohloa, Schippers, Weiner, Modiba, Norman

The Supreme Court of Appeal struck an application for reconsideration of leave to appeal, holding that no exceptional circumstances were shown and the interim interdict was not appealable.

• Leave To Appeal
• Interim Interdict
• Exceptional Circumstances
• Restrictive Horizontal Practices
• Jurisdiction Of Competition Tribunal
• Leave-to-appeal

Vodacom (Pty) Limited v Independent Communications Authority of South Africa (ICASA) and Others (054724/2024)

Vodacom (Pty) Limited v Independent Communications Authority of South Africa (ICASA) and Others (054724/2024) [2025] ZAGPPHC 193 (21 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

054724/2024

Judge

Labuschagne

Vodacom sought interim interdicts to stop mobile operators using pooled spectrum approved by ICASA, but the High Court dismissed the application with costs.

• Radio Frequency Spectrum Licensing
• Spectrum Sharing Regulations
• Public Participation
• Procedural Fairness
• Promotion Of Administrative Justice Act
• Competition Assessment

Takata South Africa (Pty) Limited v Competition Commission of South Africa and Others (252/CAC/Feb24)

Takata South Africa (Pty) Limited v Competition Commission of South Africa and Others (252/CAC/Feb24) [2025] ZACAC 1 (16 January 2025)

Court

Competition Appeal Court

Case number

252/CAC/Feb24

Judges

Vally, Nkosi, Murphy

The court dismissed Takata SA’s appeal and review against the Tribunal’s dismissal of exceptions, holding the interlocutory ruling was not appealable and the review grounds duplicated the appeal.

• Exception Procedure
• Appealability Of Interlocutory Orders
• Review Under Paja
• Jurisdiction Of Competition Tribunal
• Costs Award
• Competition-law

Capital Newspapers (Pty) Ltd and Another v Media 24 Holding Ltd and Others (259/CAC/Oct24)

Capital Newspapers (Pty) Ltd and Another v Media 24 Holding Ltd and Others (259/CAC/Oct24) [2024] ZACAC 5 (24 December 2024)

Court

Competition Appeal Court

Case number

259/CAC/Oct24

Judges

Davis AJA, Nuku JA, Siwendu AJA

The Court found that the notified transaction reviewed by the Competition Commission was limited to the sale of On the Dot and certain community newspapers, and did not encompass the migration of other print titles to digital platforms. The migration decision was a separate commercial decision by Media 24, prompted by market dynamics and declining print circulation, and did not involve a change of control as required by the Competition Act for a merger. The applicants failed to establish a sufficiently close link between the migration and the notified merger to justify treating them as a comp…

Source excerpt

• Merger Control
• Public Interest In Mergers
• Freedom Of Expression
• Change Of Control
• Competition Act Interpretation
• Constitutional Rights In Merger Review

Urban Retail Property Investments 1 (Pty) Ltd v K2018365955 (Pty) Ltd (LM097SEP24)

Urban Retail Property Investments 1 (Pty) Ltd v K2018365955 (Pty) Ltd (LM097SEP24) [2024] ZACT 36 (15 November 2024)

Court

Competition Tribunal

Case number

LM097SEP24

Judges

I Valodia, A Ndoni, T Vilakazi

The Competition Tribunal conditionally approved Urban Retail Property Investments 1’s acquisition of K2018365955, finding no substantial competition or public interest concerns.

• Large Merger Review
• Market Definition
• Creeping Merger
• Public Interest Commitments
• Information Exchange
• Market Concentration

Greenstreet 1 (Pty) Ltd v Scatec Solar SA 164 (Pty) Ltd Scatec Solar SA 165 (Pty) Ltd (LM096SEP24)

Greenstreet 1 (Pty) Ltd v Scatec Solar SA 164 (Pty) Ltd Scatec Solar SA 165 (Pty) Ltd (LM096SEP24) [2024] ZACT 33 (12 November 2024)

Court

Competition Tribunal

Case number

LM096SEP24

Judges

T Vilakazi, I Valodia, G Budlender

The Competition Tribunal unconditionally approved Greenstreet 1 (Pty) Ltd’s acquisition of control in Scatec Solar SA 164 and 165, finding no competition or public interest concerns.

• Large Merger
• Horizontal Overlap
• Creeping Merger
• Public Interest
• Hdp Ownership
• Employment Effects

Mantladi Technologies (Pty) Ltd v National Treasury and Others (033768/2022)

Mantladi Technologies (Pty) Ltd v National Treasury and Others (033768/2022) [2024] ZAGPPHC 1168 (11 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

033768/2022

Judge

Mahosi

The applicant failed to establish that the National Treasury's decision was irrational or based on irrelevant considerations. Mantladi was non-compliant with the tender specifications, submitting woven items instead of non-woven ones and failing to provide required samples. The products of the successful bidders were confirmed to meet the tender requirements. The applicant did not demonstrate exceptional circumstances warranting substitution or compensation under PAJA. The late amendment to the notice of motion was not justified, as no case was made for the new relief. Accordingly, the applic…

Source excerpt

• Public Procurement
• Judicial Review Under Paja
• Tender Award Challenge
• Exceptional Circumstances For Substitution
• Costs Award
• Amendment Of Notice Of Motion

Coca Cola Beverages South Africa (Pty) Ltd v Competition Commission of South Africa and Others (247/CAC/Jul23)

Coca Cola Beverages South Africa (Pty) Ltd v Competition Commission of South Africa and Others (247/CAC/Jul23) [2024] ZACAC 4 (7 October 2024)

Court

Competition Appeal Court

Case number

247/CAC/Jul23

Judges

Manoim JP, Nuku JA, Poyo Dlwati AJA

The Competition Appeal Court refused to transfer a review from the Competition Tribunal, holding there was no statutory or constitutional power to do so.

• Jurisdiction Of Competition Tribunal
• Transfer Of Proceedings
• Statutory Review
• Section 173 Inherent Powers
• Excessive Pricing
• Non Referral Decisions

K2012150042 (South Africa) Proprietary Limited v Big Box Retail Fund Proprietary Limited (LM071Jul24)

K2012150042 (South Africa) Proprietary Limited v Big Box Retail Fund Proprietary Limited (LM071Jul24) [2024] ZACT 20 (23 August 2024)

Court

Competition Tribunal

Case number

LM071Jul24

Judges

A Kessery, G Budlender, I Valodia

The Competition Tribunal approved the merger between K2012150042 (South Africa) Proprietary Limited and Big Box Retail Fund Proprietary Limited and ordered a Merger Clearance Certificate.

• Merger Clearance
• Competition Act Section 16
• Competition Tribunal Rule 35
• Merger-clearance
• Competition-act-section-16
• Competition-tribunal-rule-35