South Africa Case Law

Glaxo Wellcome (Pty) Ltd and Others v National Association of Pharmaceutical Wholesalers and Others (15/CAC/Feb02)

Glaxo Wellcome (Pty) Ltd and Others v National Association of Pharmaceutical Wholesalers and Others (15/CAC/Feb02) [2002] ZACAC 3 (21 October 2002)

Court

Competition Appeal Court

Case number

15/CAC/Feb02

Judges

Hussain JA, Selikowitz JA, Mailula AJA

The Competition Appeal Court held that new allegations of excessive pricing, predatory pricing, and essential-facilities denial could not be added in a referral if not raised in the original complaint.

• Essential Facilities Doctrine
• Refusal To Deal
• Excessive Pricing
• Predatory Pricing
• Complaint Referral Procedure
• Jurisdiction Of Tribunal

Sappi Fine Papers and Competition Commission (62/CR/Nov01)

Sappi Fine Papers and Competition Commission (62/CR/Nov01) [2002] ZACT 26 (17 April 2002)

Court

Competition Tribunal

Case number

62/CR/Nov01

Judges

D.H. Lewis, S. Zilwa, N.M. Manoim

The Tribunal held that the Commission's complaint referral was not time-barred, as multiple extensions of the investigation period are permissible under section 50 of the Competition Act, provided each extension is validly obtained before the expiry of the previous period. The Tribunal found no statutory restriction on the number of extensions and distinguished the wording of section 50 from section 14, which expressly limits merger investigation extensions to a single period. On the second exception, the Tribunal determined that the complaint referral failed to disclose a cause of action und…

Source excerpt

• Abuse Of Dominance
• Tying Arrangements
• Exclusionary Acts
• Complaint Referral Procedure
• Jurisdiction Of Tribunal

Ansac and Another v Botash and Others (1)

Ansac and Another v Botash and Others (1) [2001] ZACT 10 (27 March 2001)

Court

Competition Tribunal

Case number

49/CR/Apr00

Judges

N. Manoim, D. Terblanche, D. Lewis

The Competition Tribunal dismissed Ansac’s jurisdictional and particularity objections, allowed amendments, and held section 4(1)(b) does not permit an efficiency defence.

• Complaint Referral Procedure
• Jurisdictional Preconditions
• Retrospectivity
• Particularity Of Pleadings
• Efficiency Defence
• Section 4 1 B Interpretation