South Africa Case Law

Media 24 Proprietary Limited v Competition Commission of South Africa (146/CAC/Sep16)

Media 24 Proprietary Limited v Competition Commission of South Africa (146/CAC/Sep16) [2018] ZACAC 1; 2018 (4) SA 278 (CAC); [2018] 1 CPLR 56 (CAC) (19 March 2018)

Court

Competition Appeal Court

Case number

146/CAC/Sep16

Judges

Davis JP, Rogers JA, Boqwana JA

The Competition Appeal Court held that the appropriate benchmark for assessing predatory pricing under section 8(c) of the Competition Act is average avoidable costs (AAC), not average total costs (ATC) plus intention. The Tribunal erred by applying ATC and predatory intent, which is not supported by the statutory wording or economic principles. The evidence showed that Forum's revenue exceeded its avoidable costs during the complaint period, and the inclusion of certain cost categories as avoidable was not justified on the probabilities. Opportunity costs should not be included in AAC. As th…

Source excerpt

• Predatory Pricing
• Average Avoidable Costs
• Dominant Firm Conduct
• Exclusionary Practices
• Cost Benchmarking
• Competition Act Section 8

Competition Commission and South African Airways (Pty) Ltd (18/CR/Mar01)

Competition Commission and South African Airways (Pty) Ltd (18/CR/Mar01) [2004] ZACT 31; [2004] 1 CPLR 235 (CT) (30 April 2004)

Court

Competition Tribunal

Case number

18/CR/Mar01

Judges

N. Manoim, D. Lewis, U. Bhoola

The Tribunal dismissed South African Airways’ bid to postpone a competition hearing pending a related Comair investigation, finding the request premature.

• Consolidation Of Actions
• Joinder Of Convenience
• Exclusionary Practices
• Anti Competitive Incentive Scheme
• Competition-law
• Consolidation-of-actions