South Africa Case Law

Robertsons Holdings Proprietary Limited v Silver 2017 Proprietary Limited (LM251Dec17)

Robertsons Holdings Proprietary Limited v Silver 2017 Proprietary Limited (LM251Dec17) [2018] ZACT 79 (17 August 2018)

Court

Competition Tribunal

Case number

LM251Dec17

Judges

Mondo Mazwai, Medi Mokuena, Fiona Tregenna

The Competition Tribunal approved Robertsons’ merger with Silver 2017, subject to conditions protecting employment and allocating liability for a pending cartel penalty.

• Merger Control
• Employment Conditions
• Administrative Penalty Liability
• Vertical And Horizontal Assessment
• Merger-control
• Employment-conditions

Loungefoam (Pty) Ltd and Others v Competition Commission South Africa and Others, Feltex Holdings (Pty) Ltd v Competition Commission South Africa and Others (102/CAC/Jun10)

Loungefoam (Pty) Ltd and Others v Competition Commission South Africa and Others, Feltex Holdings (Pty) Ltd v Competition Commission South Africa and Others (102/CAC/Jun10) [2011] ZACAC 4; [2011] 1 CPLR 19 (CAC) (6 May 2011)

Court

Competition Appeal Court

Case number

102/CAC/Jun10

Judges

Wallis, Davis, Ndita

The Tribunal's decision to allow amendments to the complaint referral was final and appealable as it disposed of jurisdictional issues. The Commission failed to properly initiate a complaint against Feltex regarding the chemical cartel, and the statutory scheme requires strict compliance with initiation, investigation, and referral procedures. The attempt to introduce new parties and causes of action by amendment was impermissible. Section 4(5)(b) of the Competition Act is exclusionary and cannot be used to attach liability to Steinhoff International and Steinhoff Africa for conduct involving…

Source excerpt

• Complaint Initiation
• Jurisdiction Of Tribunal
• Amendment Of Affidavit
• Joinder Of Parties
• Restrictive Horizontal Practices
• Administrative Penalty Liability