South Africa Case Law

Competition Commission v Enviro Options (Pty) Ltd (CR205Mar21; SA014May23; CR206Mar21; SA013May23)

Competition Commission v Enviro Options (Pty) Ltd (CR205Mar21; SA014May23; CR206Mar21; SA013May23) [2023] ZACT 43; [2023] 3 CPLR 47 (CT) (4 August 2023)

Court

Competition Tribunal

Case number

CR205Mar21; CR206Mar21

Judges

T Ngcukaitobi, F Tregenna, T Vilakazi

The Competition Tribunal confirmed a settlement over collusive tendering and market division involving Enviro Options, imposed a R745,000 penalty, and required compliance steps.

• Collusive Tendering
• Price Fixing
• Market Division
• Administrative Penalty
• Competition Act Section 4
• Compliance Programme

Tourvest Holdings (Pty) Ltd v Competition Comission and Another (195/CAC/Oct21)

Tourvest Holdings (Pty) Ltd v Competition Comission and Another (195/CAC/Oct21) [2022] ZACAC 5; [2022] 2 CPLR 27 (CAC) (30 June 2022)

Court

Competition Appeal Court

Case number

195/CAC/Oct21

Judges

D Fisher, M Victor, L Nuku

The Tribunal erred in its characterisation inquiry by failing to apply accepted competition law and economic principles. The correct approach is to assess whether the parties were actual or potential competitors absent the impugned agreement. The Trust lacked the capacity, eligibility, and infrastructure to compete independently and was not a competitor in the relevant market. The collaboration between Tourvest and the Trust was fully disclosed and did not have an anti-competitive object or effect. The submission of similar bids did not constitute collusive tendering under section 4(1)(b)(iii…

Source excerpt

• Collusive Tendering
• Horizontal Relationship
• Characterisation In Competition Law
• Administrative Penalty
• Enterprise Development
• Bid Rigging

Competition Commission of South Africa v QQQ Trading Enterprise (Pty) Ltd (CO032May22)

Competition Commission of South Africa v QQQ Trading Enterprise (Pty) Ltd (CO032May22) [2022] ZACT 58 (21 June 2022)

Court

Competition Tribunal

Case number

CO032May22

Judges

Y Carrim, I Valodia, A Ndoni

The Tribunal confirmed a settlement between the Competition Commission and QQQ Trading Enterprise for collusive tendering in DCS coal pea tenders, with a R30,000 penalty.

• Collusive Tendering
• Administrative Penalty
• Consent Agreement
• Section 4 1 B Violation
• Collusive-tendering
• Administrative-penalty

Life Wise (Pty) Ltd t/a Eldan Auto Body v Competition Commission of South Africa (197/CAC/Nov21)

Life Wise (Pty) Ltd t/a Eldan Auto Body v Competition Commission of South Africa (197/CAC/Nov21) [2022] ZACAC 3; [2022] 1 CPLR 3 (CAC) (8 April 2022)

Court

Competition Appeal Court

Case number

197/CAC/Nov21

Judges

N Manoim, M Victor, K Savage

The Competition Appeal Court upheld the refusal to vary a consent order to remove admissions of collusive conduct, finding no exceptional circumstances.

• Consent Order Variation
• Exceptional Circumstances
• Collusive Tendering
• Price Fixing
• Market Division
• Public Interest Remedies

Cross Fire Management (Pty) Ltd v Competition Commission of South Africa (192/CACFeb21)

Cross Fire Management (Pty) Ltd v Competition Commission of South Africa (192/CACFeb21) [2022] ZACAC 1; [2022] 1 CPLR 2 (CAC) (10 February 2022)

Court

Competition Appeal Court

Case number

192/CACFeb21

Judges

Rogers JA, Fisher AJA, Unterhalter AJA

The Competition Appeal Court held that Cross Fire’s collusive conduct ended by July/August 2009, making the complaint time-barred under section 67(1).

• Collusive Tendering
• Section 67 Time Bar
• Condonation
• Cartel Withdrawal
• Burden Of Proof
• Administrative Penalty

Competition Commission of South Africa v Robert Bosch GMBH; Bosch Electrical Drives Co Ltd (CO161Jan22)

Competition Commission of South Africa v Robert Bosch GMBH; Bosch Electrical Drives Co Ltd (CO161Jan22) [2022] ZACT 47; [2022] 1 CPLR 6 (CT) (28 January 2022)

Court

Competition Tribunal

Case number

CO161Jan22

Judges

AW Wessels, E Daniels, L Mncube

The Competition Tribunal confirmed a consent agreement ending cartel allegations against Robert Bosch and Bosch Electrical Drives, imposed a R2,401,923 penalty, and required compliance undertakings.

• Collusive Tendering
• Price Fixing
• Division Of Markets
• Administrative Penalty
• Section 4 Competition Act
• Collusive-tendering

Competition Commission of South Africa v Monnye and Khomo Construction CC (CO160Jan22; 2021FEB0014)

Competition Commission of South Africa v Monnye and Khomo Construction CC (CO160Jan22; 2021FEB0014) [2022] ZACT 46; [2022] 1 CPLR 5 (CT) (27 January 2022)

Court

Competition Tribunal

Case number

CO160Jan22

Judges

AW Wessels, E Daniels, L Mncube

The Competition Tribunal confirmed a consent agreement finding collusive tendering and imposed a R71,225 administrative penalty plus compliance obligations.

• Collusive Tendering
• Administrative Penalty
• Consent Agreement
• Section 4 1 B Iii
• Compliance Programme
• Collusive-tendering

Competition Commission of South Africa v Mokgatshelwa Projects and Trading CC (CO159Jan22)

Competition Commission of South Africa v Mokgatshelwa Projects and Trading CC (CO159Jan22) [2022] ZACT 44; [2022] 1 CPLR 4 (CT) (27 January 2022)

Court

Competition Tribunal

Case number

CO159Jan22

Judges

AW Wessels, E Daniels, L Mncube

The Competition Tribunal confirmed a consent agreement for collusive tendering in a Gauteng Treasury procurement, imposing an R499,669 penalty and compliance undertakings.

• Collusive Tendering
• Administrative Penalty
• Consent Agreement
• Section 4 1 B Iii
• Compliance Programme
• Collusive-tendering

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

Competition Commission v SAAB Grintek Defence (Pty) Ltd (CR010Apr19; SA138Dec21)

Competition Commission v SAAB Grintek Defence (Pty) Ltd (CR010Apr19; SA138Dec21) [2021] ZACT 104 (8 December 2021)

Court

Competition Tribunal

Case number

CR010Apr19/SA138Dec21

Judges

Y Carrim, E Daniels, I Valodia

The Competition Tribunal confirmed a settlement between the Competition Commission and SAAB Grintek Defence over alleged collusive tendering, imposing a R2 million penalty and compliance undertakings.

• Collusive Tendering
• Administrative Penalty
• Enterprise Development
• Section 4 1 B Iii
• Consent Agreement
• Compliance Programme