South Africa Case Law

Aranda Textile Mills (Pty) Ltd and Another v The Competition Commission of South Africa (190/CAC/DEC20)

Aranda Textile Mills (Pty) Ltd and Another v The Competition Commission of South Africa (190/CAC/DEC20) [2021] ZACAC 1; 2023 (2) SA 182 (CAC); [2023] 1 CPLR 3 (CAC) (17 December 2021)

Court

Competition Appeal Court

Case number

190/CAC/DEC20

Judges

BJ Mnguni, M Victor, F Kathree-Setiloane

The Competition Appeal Court upheld an appeal and dismissed a referral alleging collusive tendering and price fixing, finding the Commission had not proved its case.

• Collusive Tendering
• Price Fixing
• Horizontal Relationship
• Characterisation Of Conduct
• Burden Of Proof
• Inferential Reasoning

A'Africa Pest Prevention CC and Another v Competition Commssion of South Africa (168/CAC/Oct18)

A'Africa Pest Prevention CC and Another v Competition Commssion of South Africa (168/CAC/Oct18) [2019] ZACAC 2 (2 July 2019)

Court

Competition Appeal Court

Case number

168/CAC/Oct18

Judges

Boqwana JA, Victor JA, Van der Linde AJA

The court held that, although the appellants operated with a high degree of commercial unity and shared management, their structure did not meet the statutory requirements for exemption under section 4(5)(b) of the Competition Act. The ownership and control of the close corporations were not analogous to a parent and wholly-owned subsidiary, as required by the Act. The court found that the submission of identical bids, determined by the same individual, did not amount to collusive tendering or price fixing in the absence of evidence of an agreement or concerted practice between independent fi…

Source excerpt

• Single Economic Entity
• Collusive Tendering
• Price Fixing
• Horizontal Relationships
• Characterisation Of Conduct

Competition Commission v Power Construction (West Cape) (Pty) and Others; In re: Power Construction (West Cape) (Pty) and Another v Competition Commission (CR166Dec14)

Competition Commission v Power Construction (West Cape) (Pty) and Others; In re: Power Construction (West Cape) (Pty) and Another v Competition Commission (CR166Dec14) [2016] ZACT 87 (25 August 2016)

Court

Competition Tribunal

Case number

CR166Dec14

Judges

Y Carrim, M Mokuena, A Wessels

The Tribunal found that the September 2009 complaint initiation by the Competition Commission was valid and sufficiently broad to include Power Construction (West Cape) (Pty) Ltd under the category of 'other firms' in the construction industry. The jurisprudence from the Supreme Court of Appeal and Competition Appeal Court confirms that the Commission need not know all parties at the outset and may amend its complaint as further information becomes available. The Tribunal held that the effects of the collusive tendering continued until at least the final payment in February 2009, so the compl…

Source excerpt

• Collusive Tendering
• Cover Pricing
• Jurisdiction Of Tribunal
• Prescription Of Complaints
• Successor Liability
• Characterisation Of Conduct