Mandla-Matla Publishing (Pty) Ltd and Independent Newspapers (Pty) Ltd (48/CR/Jun04)
Mandla-Matla Publishing (Pty) Ltd and Independent Newspapers (Pty) Ltd (48/CR/Jun04) [2006] ZACT 84; [2006] 2 CPLR 499 (CT) (6 November 2006)
The Tribunal found that Mandla-Matla failed to establish that the exclusivity clauses and refusal to provide distribution information by Independent Newspapers resulted in a substantial prevention or lessening of competition or anti-competitive effect as required by sections 5(1), 8(c), and 8(d)(i) of the Competition Act. Evidence showed that Mandla-Matla and its new distributor, Natal Witness, were able to set up alternative distribution networks within a short period, indicating low barriers to entry and minimal market foreclosure. The rapid expansion of the isiZulu newspaper market followi…
Source excerpt
- Exclusive Dealing
- Abuse Of Dominance
- Vertical Agreements
- Anti-competitive Effect
- Essential Facility
- Market Foreclosure