Competition Commission v Totalgaz Southern Africa (Pty) Ltd and Others (CR192Oct18) [2023] ZACT 29; [2023] 2 CPLR 16 (CT) (29 June 2023)
Court
Competition Tribunal
Case number
CR192Oct18
Judges
Yasmin Carrim, Enver Daniels, AW Wessels
The Tribunal dismissed a Competition Commission case alleging LPG wholesalers fixed cylinder deposit fees. It held the uniform fee within the CEP was not hardcore cartel conduct.
Competition Commission of South Africa v Stuttafords Van Lines Gauteng Hub (Pty) (Ltd) and Others (181/CAC/Jan20) [2020] ZACAC 6; [2020] 2 CPLR 548 (CAC) (22 October 2020)
Court
Competition Appeal Court
Case number
181/CAC/Jan20
Judges
F Kathree-Setiloane, DM Davis, B Mnguni
The court held that the evidence did not show a binding price-fixing agreement among furniture removers about e-toll recovery, so the cross-appeal succeeded.
Competition Commission v Irvin & Johnson Ltd and Another (CR198Oct18) [2020] ZACT 103 (4 September 2020)
Court
Competition Tribunal
Case number
CR198Oct18
Judges
Enver Daniels, Yasmin Carrim, Andiswa Ndoni
The Tribunal dismissed a market-allocation complaint, finding the beef-processing agreements were a commercial manufacturing arrangement, not a section 4(1)(b)(ii) cartel.
Competition Commission v Catha Silkscreen Printers CC and Others (CR086Jun17; CR088Jun17) [2020] ZACT 97 (30 April 2020)
Court
Competition Tribunal
Case number
CR086Jun17; CR088Jun17
Judges
Andreas Wessels, Mondo Mazwai, Enver Daniels
The Competition Tribunal dismissed a complaint referral alleging price fixing and collusive tendering in a Free State stationery tender, finding no proof of collusion.
Competition Commission Roadspan Surfaces (Pty) Ltd and Another (CR163Nov16) [2019] ZACT 72 (25 July 2019)
Court
Competition Tribunal
Case number
CR163Nov16
Judges
Norman Manoim, Yasmin Carrim, Andreas Wessels
The Tribunal dismissed a Competition Commission complaint alleging a 2008 market-division agreement between Roadspan Surfaces and Much Asphalt in Gauteng.
Dawn Consolidated Holdings (Pty) Ltd and Others v Competition Commission (155/CACOct2017) [2018] ZACAC 2; [2018] 1 CPLR 1 (CAC) (4 May 2018)
Court
Competition Appeal Court
Case number
155/CACOct2017
Judges
Rogers, Davis, Boqwana
The Competition Appeal Court held that a non-compete in a shareholders agreement was ancillary and reasonable, so the complaint under s 4(1)(b)(ii) failed.
Competition Commission v Primedia Limited and Another (CR191Mar12) [2018] ZACT 11; [2018] 1 CPLR 144 (CT) (5 February 2018)
Court
Competition Tribunal
Case number
CR191Mar12
Judges
Anton Roskam, lmraan Valodia, Enver Daniels
The Tribunal found that the settlement agreement between Ster-Kinekor and Nu Metro was concluded before the Competition Act came into operation. For a contravention of section 4(1)(b)(ii) to be established, there must be evidence of actions or discussions directed at implementing the agreement after the Act commenced. The evidence did not support the Commission's contention that the settlement agreement was implemented post-commencement. Witnesses from Ster-Kinekor credibly testified that they were unaware of the agreement and did not act in accordance with it, and the only attempt to enforce…
Omnico (Pty) Limited and Another v Competition Commission and Others (142/CAC/JUNE 16; 143/CAC/JUNE 16; : CR049 JULY 2012) [2016] ZACAC 4; [2016] 2 CPLR 398 (CAC) (15 December 2016)
Court
Competition Appeal Court
Case number
142/CAC/JUNE 16
Judges
M Victor, Davis JP, NP Boqwana
The court found that Omnico and Coolheat attended meetings where the collective raising of recommended retail prices was discussed and agreed upon. Their failure to publicly distance themselves from the consensus reached at the September 2008 meeting, combined with subsequent price increases in line with the agreement, constituted participation in a cartel. The court held that passive attendance and silence, in the context of anti-competitive discussions, is sufficient for liability under section 4(1)(b)(i) of the Competition Act. The evidence presented by the Commission was clear, consistent…
South African Medical Association v Council for Medical Schemes, South African Medical Association v Council for Medical Schemes, South African Medical Association v Council for Medical Schemes; In re: Council for Medical Schemes v South African Paediatric Association and Another; In re: Council for Medical Schemes v Society for Cardiothoracic Surgeons of South Africa and Another (CRP065Jul13/PIL001Apr16, CRP065JUl13/EXC263Mar16, CRP066Jul13/EXC262MAr16, CRP066Jul13/AME023May16, CRP065Jul13/AME022May16) [2016] ZACT 71; [2016] 2 CPLR 1027 (CT) (15 September 2016)
Court
Competition Tribunal
Case number
CRP065Jul13/PIL001Apr16
Judges
Norman Manoim, Anton Roskam, Yasmin Carrim
The Tribunal found that SAMA's in limine objections to CMS's competence and the validity of the referrals were without merit. The Competition Act permits any person, including regulatory authorities, to refer complaints, and section 7 of the Medical Schemes Act provides CMS with a broad mandate to protect beneficiaries, which encompasses addressing anti-competitive conduct. The Commission's non-referral remains valid until set aside by review. However, the Tribunal held that CMS's amendment applications, which sought to substitute entire referral affidavits, were irregular and did not adequat…
Competition Commission v Western Granite Bricks (Pty) Ltd (020750) [2015] ZACT 24 (18 March 2015)
Court
Competition Tribunal
Case number
020750
Judges
A Roskam, I Valodia, F Tregenna
The Competition Tribunal confirmed a settlement agreement after Western Granite Bricks admitted price fixing and market division in the face-bricks market.
