South Africa Case Law

Apollo Studios (Pty) Ltd and Another v Audatex SA (Pty) Ltd and Another (IR198Mar23)

Apollo Studios (Pty) Ltd and Another v Audatex SA (Pty) Ltd and Another (IR198Mar23) [2023] ZACT 23 (8 May 2023)

Court

Competition Tribunal

Case number

IR198Mar23

Judges

J Wilson, M Mazwai, L Mncube

The Tribunal found that the applicants failed to establish a prima facie case of a prohibited practice under section 8(1)(d)(ii) or section 8(1)(c) of the Competition Act. While Audatex is prima facie dominant in the relevant estimation market, the evidence did not show that the service provided was 'scarce' or that Apollo's removal from the platform would exclude it from the parts procurement market. Alternative solutions for insurer customers were available, and there was insufficient evidence of anti-competitive effects or irreparable harm. Audatex's concern regarding protection of confide…

Source excerpt

• Abuse Of Dominance
• Refusal To Supply
• Interim Relief
• Exclusionary Conduct
• Anti Competitive Effects

Uniplate Group ( Pty) Ltd v The Competition Commission of South Africa (176/CAC/Jul19)

Uniplate Group ( Pty) Ltd v The Competition Commission of South Africa (176/CAC/Jul19) [2020] ZACAC 10 (25 February 2020)

Court

Competition Appeal Court

Case number

176/CAC/Jul19

Judges

Unterhalter, Davis, Rogers

Competition Appeal Court set aside a Tribunal finding that Uniplate’s exclusivity restraints foreclosed the market and caused higher prices, and dismissed the complaint.

• Exclusive Dealing
• Market Foreclosure
• Dominance
• Anti Competitive Effects
• Burden Of Proof
• Pricing Analysis