South Africa Case Law

Makarenge Electrical Industries (Pty) Ltd t/a Wilec v Albro (Pty) Ltd and Another (IR095Oct21)

Makarenge Electrical Industries (Pty) Ltd t/a Wilec v Albro (Pty) Ltd and Another (IR095Oct21) [2022] ZACT 18; [2022] 1 CPLR 17 (CT) (29 April 2022)

Court

Competition Tribunal

Case number

IR095Oct21

Judges

Mondo Mazwai, Andiswa Ndoni, Liberty Mncube

The Tribunal found that Allbro, as a dominant firm in the transformer bushings market, engaged in exclusionary conduct by threatening customers with litigation based on untested intellectual property claims, thereby inducing them not to deal with Wilec and Ukusa. This conduct resulted in substantial foreclosure, preventing Wilec from accessing key customers such as Actom and Revive, and indirectly Eskom, the largest purchaser. The Tribunal held that the Competition Act applies to intellectual property rights unless an exemption is granted, and that the Tribunal has jurisdiction to regulate co…

Source excerpt

• Abuse Of Dominance
• Exclusionary Conduct
• Intellectual Property Interface
• Interim Relief
• Foreclosure
• Consumer Welfare

Shoprite Checkers Proprietary Limited and Other v Massmart Holdings Limited (CRP034Jun15/EXC241Mar17, CRP034Jun15/EXC240Mar17, CRP034Jun15/EXC239Mar17)

Shoprite Checkers Proprietary Limited and Other v Massmart Holdings Limited (CRP034Jun15/EXC241Mar17, CRP034Jun15/EXC240Mar17, CRP034Jun15/EXC239Mar17) [2018] ZACT 121; [2018] 1 CPLR 155 (CT) (13 February 2018)

Court

Competition Tribunal

Case number

CRP034Jun15/EXC239Mar17

Judges

Norman Manoim, Andiswa Ndoni, Anton Roskam

The Competition Tribunal upheld exceptions to Massmart’s section 5(1) complaint referral, finding the pleading vague and insufficient on market definition and foreclosure.

• Exclusive Dealing
• Vertical Restrictions
• Market Definition
• Foreclosure
• Consumer Welfare
• Section 5 1 Competition Act