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South Africa Case Law

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Competition Law [2016] ZACT 116

Foodcorp (Pty) Ltd t/a Marpro v Competition Commission; In re: Competition Commission v Gansbaai Marine (Pty) Ltd and Others (CR213Mar14/Exc250Oct15)

Foodcorp (Pty) Ltd t/a Marpro v Competition Commission; In re: Competition Commission v Gansbaai Marine (Pty) Ltd and Others (CR213Mar14/Exc250Oct15) [2016] ZACT 116; [2016] 2 CPLR 999 (CT) (12 December 2016)

The Tribunal upheld Foodcorp’s exception in part and ordered the Competition Commission to file a supplementary affidavit giving fuller particulars of its price-fixing complaint.

  • Horizontal Price Fixing
  • Exchange Of Competitively Sensitive Information
  • Vagueness And Embarrassment
  • Tribunal Rule 15
  • Vertical And Horizontal Relationships
  • Competition-law
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Competition Law [2015] ZACT 23

Competition Commission v Mediclinic Southern Africa (Proprietary) Limited and Others (020743)

Competition Commission v Mediclinic Southern Africa (Proprietary) Limited and Others (020743) [2015] ZACT 23 (18 March 2015)

The Competition Tribunal confirmed a consent agreement concerning alleged tariff price fixing by Mediclinic and managed hospitals, with no admission of liability or administrative penalty.

  • Horizontal Price Fixing
  • Consent Order
  • Tariff Negotiation
  • Section 4 1 B Violation
  • Merger Notification
  • Compliance Training
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Competition Law [2014] ZACT 27

Coolheat Cycle Agencies (Pty) Ltd v Competition Commission; In Re: Competition Comission v Fritz Pienaar Cycles (Pty) Ltd and Others (73/CR/Jul12, 015438)

Coolheat Cycle Agencies (Pty) Ltd v Competition Commission; In Re: Competition Comission v Fritz Pienaar Cycles (Pty) Ltd and Others (73/CR/Jul12, 015438) [2014] ZACT 27 (20 February 2014)

The Tribunal dismissed Coolheat’s second exception, holding the section 4(1)(b)(i) issue involved factual disputes about RRP pricing and should go to trial.

  • Horizontal Price Fixing
  • Recommended Retail Price
  • Exception Application
  • Section 4 1 B I
  • Concerted Practices
  • Competition-law
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Competition Law [2012] ZACT 14

Competition Commission v Engen Petroleum Ltd (06/CR/Mar 10)

Competition Commission v Engen Petroleum Ltd (06/CR/Mar 10) [2012] ZACT 14; [2012] 1 CPLR 69 (CT) (22 February 2012)

The Competition Tribunal confirmed a settlement in which Engen admitted price fixing in the bitumen market and agreed to pay a R28.8 million penalty.

  • Horizontal Price Fixing
  • Administrative Penalty
  • Settlement Agreement
  • Section 4 1 B I Contravention
  • Competition-law
  • Horizontal-price-fixing
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Competition Law [2012] ZACT 13

Competition Commission v Kuehne and Nagel (Pty) Ltd (110/CR/Dec11)

Competition Commission v Kuehne and Nagel (Pty) Ltd (110/CR/Dec11) [2012] ZACT 13; [2012] 1 CPLR 88 (CT) (22 February 2012)

The Tribunal confirmed a consent agreement in a freight-forwarding cartel matter, imposed a R962,657.01 penalty, and required compliance undertakings.

  • Horizontal Price Fixing
  • Administrative Penalty
  • Consent Agreement
  • Future Conduct Undertaking
  • Competition-law
  • Cartel-conduct
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Competition Law [2012] ZACT 12

Competition Commission v Shell South Africa Marketing (Pty) Ltd (06/CR/Mar10)

Competition Commission v Shell South Africa Marketing (Pty) Ltd (06/CR/Mar10) [2012] ZACT 12; [2012] 1 CPLR 115 (CT) (22 February 2012)

The Tribunal confirmed Shell’s settlement for alleged bitumen price fixing, imposed a R26,259,480 penalty, and ordered compliance measures.

  • Horizontal Price Fixing
  • Administrative Penalty
  • Settlement Agreement
  • Section 4 1 B I Contravention
  • Competition-law
  • Horizontal-price-fixing
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Competition Law [2012] ZACT 9

Competition Commission v Schenker South Africa (Pty) Ltd (96/CR/Nov11)

Competition Commission v Schenker South Africa (Pty) Ltd (96/CR/Nov11) [2012] ZACT 9 (1 February 2012)

The Competition Tribunal confirmed a consent agreement admitting horizontal price-fixing conduct and imposed a R959,000 penalty on Schenker South Africa.

  • Horizontal Price Fixing
  • Administrative Penalty
  • Consent Agreement
  • Section 4 1 B I Contravention
  • Competition-law
  • Horizontal-price-fixing
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Competition Law [2011] ZACT 91

Competition Commission v Vrystaat Kooperasie Bpk (43/CR/Jun11)

Competition Commission v Vrystaat Kooperasie Bpk (43/CR/Jun11) [2011] ZACT 91; [2012] 1 CPLR 121 (CT) (9 November 2011)

The Competition Tribunal confirmed a consent agreement finding VKB admitted participation in grain storage tariff price fixing and imposed a R1,286,969.22 penalty.

  • Horizontal Price Fixing
  • Administrative Penalty
  • Consent Agreement
  • Grain Storage Tariffs
  • Competition-law
  • Horizontal-price-fixing
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Competition Law [2011] ZACT 92

Competition Commission v OVK Operations Ltd (43/CR/Jun11)

Competition Commission v OVK Operations Ltd (43/CR/Jun11) [2011] ZACT 92; [2012] 1 CPLR 104 (CT) (9 November 2011)

The Tribunal confirmed a consent agreement in a grain-storage price-fixing matter, imposed a R375,615 penalty on OVK, and required compliance measures.

  • Horizontal Price Fixing
  • Administrative Penalty
  • Consent Agreement
  • Grain Storage Tariffs
  • Horizontal-price-fixing
  • Consent-order
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Competition Law [2011] ZACT 90

Competition Commission v Senwes Ltd (43/CR/Jun11)

Competition Commission v Senwes Ltd (43/CR/Jun11) [2011] ZACT 90; [2012] 1 CPLR 109 (CT) (9 November 2011)

The Competition Tribunal confirmed a consent agreement in a grain storage price-fixing matter, accepted Senwes Ltd’s admission, and imposed a R7,628,670.36 penalty.

  • Horizontal Price Fixing
  • Administrative Penalty
  • Consent Agreement
  • Future Conduct Undertaking
  • Competition-law
  • Horizontal-price-fixing
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.