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South Africa decisions
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Uniplate Group ( Pty) Ltd v The Competition Commission of South Africa (176/CAC/Jul19) [2020] ZACAC 10 (25 February 2020)
Competition Appeal Court set aside a Tribunal finding that Uniplate’s exclusivity restraints foreclosed the market and caused higher prices, and dismissed the complaint.
Computicket (Pty) Ltd v Competition Commission of South Africa (170/CAC/Feb19) [2019] ZACAC 4 (23 October 2019)
The Court found that Computicket, as a dominant firm with over 95% market share in outsourced ticket distribution services, imposed and strictly enforced exclusivity clauses in its contracts with inventory providers from 2005 to 2010. These clauses required inventory providers not to deal with competing ticketing agents, foreclosing the market to rivals and impeding competition. The Court held that the exclusivity provisions constituted an exclusionary act under section 8(d)(i) of the Competition Act. The Commission established anti-competitive effects, including foreclosure, reduced innovati…
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Competition Commission of South Africa v Uniplate Group (Pty) Ltd (CR188Nov15) [2019] ZACT 61 (27 June 2019)
The Tribunal found that Uniplate’s exclusive supply agreements with embossers unlawfully foreclosed rivals and contravened section 8(d)(i), imposing a penalty.
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)
The Competition Tribunal upheld exceptions to Massmart’s section 5(1) complaint referral, finding the pleading vague and insufficient on market definition and foreclosure.
Lekoa Fitment Centre v Competition Tribunal and Another (132/CAC/Dec14) [2014] ZACT 101 (10 December 2014)
Lekoa Fitment Centre appealed an exception ruling, arguing its amended competition complaint disclosed a cause of action about exclusivity, restraint of trade, and unfair pricing.
Uniplate Group (Pty) Ltd v New Number Plate Requisites CC, In Re; New Number Plate Requisites CC v Uniplate Group (Pty) Ltd (25718/2012) [2013] ZAGPJHC 392 (23 July 2013)
High Court dismissed leave to appeal against an interim interdict restrained alleged unlawful interference with customer contracts, pending competition referral.
Competition Commission v Airports Company South Africa Ltd (016725) [2013] ZACT 46 (7 June 2013)
The Competition Tribunal confirmed a consent agreement addressing exclusive metered taxi access at OR Tambo International Airport and requiring pro-competitive remedial measures.
Uniplate Group (Pty) Ltd v New Number Plate Requisites CC (25718/2012) [2012] ZAGPJHC 224; [2013] 1 All SA 231 (GSJ) (29 October 2012)
The court granted interim interdict relief, referred the competition issue to the Tribunal, and held that the respondent's conduct amounting to inducement of breach was unlawful.
Mandla-Matla Publishing (Pty) Ltd and Independent Newspapers (Pty) Ltd (48/CR/Jun04) [2006] ZACT 84; [2006] 2 CPLR 499 (CT) (6 November 2006)
The Tribunal found that Mandla-Matla failed to establish that the exclusivity clauses and refusal to provide distribution information by Independent Newspapers resulted in a substantial prevention or lessening of competition or anti-competitive effect as required by sections 5(1), 8(c), and 8(d)(i) of the Competition Act. Evidence showed that Mandla-Matla and its new distributor, Natal Witness, were able to set up alternative distribution networks within a short period, indicating low barriers to entry and minimal market foreclosure. The rapid expansion of the isiZulu newspaper market followi…
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Telkom SA Ltd and Another and Praysa Trade 1062 (Pty) Ltd (81/LM/Aug00) [2000] ZACT 43 (6 October 2000)
The Competition Tribunal approved Telkom’s large merger with conditions protecting transferred employees and limiting retrenchments for 20 months.
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