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South Africa decisions
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Competition Commission v Wesgrow Potatoes (Pty) Ltd and Another (CR249Mar17/SA130Nov19) [2020] ZACT 3 (15 January 2020)
The Tribunal approved a settlement resolving complaints about exclusive agreements over the Mondial seed potato varietal and imposed compliance undertakings.
SA Gym Group, a universitas personarum, trading as Fit-SA v Discovery Health Medical Scheme and Others (CRP172Nov15/AME067Jul16) [2016] ZACT 121 (16 October 2016)
The Tribunal granted Fit-SA leave to amend its complaint referral, but ordered Fit-SA to pay the fourth and fifth respondents’ costs on a party-and-party scale.
Primedia (Pty) Ltd t/a Primedia Instore v Radio Retail (Pty) Ltd and Others (354/11) [2012] ZASCA 32 (29 March 2012)
The Supreme Court of Appeal held that Primedia’s conduct was lawful competition and that no unlawful interference with the respondents’ contracts was proved.
1time Airline (Pty) Ltd v Lanseria International Airport (Pty) Ltd and Another (91/CR/Dec09) [2010] ZACT 50; [2010] 2 CPLR 213 (CT) (29 July 2010)
The Tribunal found that the conduct complained of in 1time's original complaint to the Commission—namely, the exclusive agreement between Kulula and Lanseria and its enforcement—was rationally linked to both section 8(c) and section 8(d)(i) of the Competition Act. The proposed amendments did not introduce a new complaint, but rather clarified and expanded upon facts already raised. The Tribunal held that a complainant is not required to specify the section of the Act when lodging a complaint, only to identify the conduct. The factual averments in the complaint referral were sufficient to esta…
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