South Africa Case Law

Competition Commission v ZTE Corporation South Africa (Pty) Ltd and Another (CR015Apr16/Exc150Aug17)

Competition Commission v ZTE Corporation South Africa (Pty) Ltd and Another (CR015Apr16/Exc150Aug17) [2018] ZACT 65; [2018] 1 CPLR 366 (CT) (7 May 2018)

Court

Competition Tribunal

Case number

CR015Apr16/Exc150Aug17

Judges

Norman Manoim, Enver Daniels, Mondo Mazwai

The Tribunal dismissed ZTE SA’s exception to a complaint referral alleging customer allocation under section 4(1)(b)(ii) of the Competition Act.

• Market Division
• Horizontal Agreement
• Customer Allocation
• Exception Procedure
• Corporate Leniency
• Empowerment Credentials

Competition Commission v Pioneer Fishing (Pty) Ltd (CR206Mar14/SA255Mar16, 018622, 2011Mar5719)

Competition Commission v Pioneer Fishing (Pty) Ltd (CR206Mar14/SA255Mar16, 018622, 2011Mar5719) [2016] ZACT 36; [2016] 1 CPLR 91 (CT) (4 May 2016)

Court

Competition Tribunal

Case number

CR206Mar14/SA255Mar16

Judges

A Wessels, A Ndoni, M Mokuena

The Competition Tribunal confirmed a settlement in which Pioneer Fishing admitted a market-division contravention and agreed to pay a penalty, adopt compliance measures, and circulate the agreement.

• Market Division
• Horizontal Agreement
• Administrative Penalty
• Settlement Agreement
• Compliance Programme
• Market-division

Competition Commission v Louw N.O. and Others (017731)

Competition Commission v Louw N.O. and Others (017731) [2014] ZACT 86; [2014] 2 CPLR 387 (CT) (18 December 2014)

Court

Competition Tribunal

Case number

017731

Judges

Norman Manoim, Mondo Mazwai, Imraan Valodia

The Tribunal found that Welkom Centre and Louw's Centre entered into and continued to adhere to an agreement to divide markets in the Free State and Northern Cape for the supply and distribution of locking products, including but not limited to Mul-T-Lock products. The respondents conceded the existence and ongoing nature of the agreement, and their attempts to justify or limit its scope were rejected. The Tribunal held that market allocation agreements are per se prohibited under section 4(1)(b)(ii) of the Competition Act, with no available justification or defence. The evidence, including c…

Source excerpt

• Market Allocation
• Horizontal Agreement
• Per Se Offence
• Administrative Penalty
• Cease And Desist Order

Competition Commission v NWK Ltd (44/CR/Jun11)

Competition Commission v NWK Ltd (44/CR/Jun11) [2011] ZACT 50; [2011] 2 CPLR 275 (CT) (14 July 2011)

Court

Competition Tribunal

Case number

44/CR/Jun11

Judges

N Manoim, Y Carrim, A Wessels

The Competition Tribunal confirmed a consent order against NWK Limited for a suspected market-allocation agreement and imposed an administrative penalty.

• Market Allocation
• Horizontal Agreement
• Administrative Penalty
• Future Conduct Undertaking
• Competition Compliance Programme
• Market-allocation

Competition Commission v Rand Merchant Bank, a division of First Rand Bank Ltd (44/CR/Jun11)

Competition Commission v Rand Merchant Bank, a division of First Rand Bank Ltd (44/CR/Jun11) [2011] ZACT 51; [2011] 2 CPLR 286 (CT) (14 July 2011)

Court

Competition Tribunal

Case number

44/CR/Jun11

Judges

N Manoim, Y Carrim, A Wessels

The Tribunal confirmed a consent order settling a market-allocation complaint, imposed a R2.1 million penalty, and required compliance measures.

• Market Allocation
• Administrative Penalty
• Consent Agreement
• Horizontal Agreement
• Competition-law
• Market-allocation