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South Africa decisions
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Competition Commission v Domoney Brothers Bloemfontein (Pty) (Ltd) (CO022May20) [2020] ZACT 99 (14 May 2020)
The Tribunal confirmed a COVID-19 excessive-pricing consent agreement against Domoney Brothers, requiring a Solidarity Fund payment, donations, and compliance measures.
Senwes Ltd v Competition Commission of South Africa (118/2010) [2011] ZASCA 99; [2011] 1 CPLR 1 (SCA) (1 June 2011)
The Supreme Court of Appeal held that the Competition Tribunal and the Competition Appeal Court erred in finding Senwes guilty of margin squeeze under s 8(c) of the Competition Act when such conduct was not covered by the referral. The referral focused on differential tariffs between farmers and traders, not on discrimination between Senwes' trading arm and other traders. The Tribunal, as a statutory body, is limited to adjudicating matters referred to it and may not expand its inquiry beyond the referral, except by amendment or agreement. Evidence and findings relating to margin squeeze were…
Source excerpt
Sasol Oil (Pty) Ltd v Nationwide Poles CC (49/CAC/Apr05) [2005] ZACAC 5; 2006 (3) SA 400 (CAC); [2006] 1 CPLR 37 (CAC) (13 December 2005)
The Competition Appeal Court held that Sasol’s volume-based creosote discounts were not shown, on the evidence, to likely lessen competition under section 9.
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