South Africa Case Law

K2021134577 (South Africa) (Pty) Ltd v Emerald Safari Resort (Pty) Ltd t/a Emerald Hotel Resort & Casino South Africa (LM191Mar22)

K2021134577 (South Africa) (Pty) Ltd v Emerald Safari Resort (Pty) Ltd t/a Emerald Hotel Resort & Casino South Africa (LM191Mar22) [2022] ZACT 21; [2022] 2 CPLR 34 (CT) (27 July 2022)

Court

Competition Tribunal

Case number

LM191Mar22

Judges

L Mncube, Y Carrim, T Vilakazi

The Competition Tribunal approved the merger between K2021134577 and Emerald Safari Resort subject to conditions in Annexure A and ordered a merger clearance certificate.

• Merger Control
• Competition Act 1998
• Clearance Certificate
• Conditions Of Approval
• Merger-control
• Competition-act-1998

Mr Price Group Ltd v Blue Falcon 188 Trading (Pty) Ltd (LM011Apr22)

Mr Price Group Ltd v Blue Falcon 188 Trading (Pty) Ltd (LM011Apr22) [2022] ZACT 32 (19 July 2022)

Court

Competition Tribunal

Case number

LM011Apr22

Judges

I Valodia, A Ndoni, F Tregenna

The Competition Tribunal approved Mr Price Group Ltd’s merger with Blue Falcon 188 Trading (Pty) Ltd and ordered a merger clearance certificate, with no conditions attached.

• Merger Clearance
• Section 16 Approval
• Competition Act 1998
• Merger-clearance
• Competition-act-1998
• Section-16-approval

Pretoria Portland Cement Company Ltd. and Another v Competition Commission and Others (64/2001)

Pretoria Portland Cement Company Ltd. and Another v Competition Commission and Others (64/2001) [2002] ZASCA 63; 2003 (2) SA 385 (SCA) (31 May 2002)

Court

Supreme Court of Appeal

Case number

64/2001

Judges

Nienaber, Howie, Schutz, Zulman, Nugent

The Supreme Court of Appeal held that the Competition Commission's conduct in executing the search and seizure warrants constituted a serious abuse of process and a violation of the appellants' constitutional rights to privacy and access to court. The Commission's failure to provide the supporting affidavit and its complicity in allowing media crews to invade the premises were egregious breaches of section 49(1) of the Competition Act and the Constitution. The court found that the issuing judge should not have been joined as a respondent, as judges are not subject to review in such circumstan…

Source excerpt

• Search And Seizure
• Competition Act 1998
• Judicial Review
• Privacy Rights
• Abuse Of Process