South Africa Case Law

Tourvest Holdings (Pty) Ltd v Competition Comission and Another (195/CAC/Oct21)

Tourvest Holdings (Pty) Ltd v Competition Comission and Another (195/CAC/Oct21) [2022] ZACAC 5; [2022] 2 CPLR 27 (CAC) (30 June 2022)

Court

Competition Appeal Court

Case number

195/CAC/Oct21

Judges

D Fisher, M Victor, L Nuku

The Tribunal erred in its characterisation inquiry by failing to apply accepted competition law and economic principles. The correct approach is to assess whether the parties were actual or potential competitors absent the impugned agreement. The Trust lacked the capacity, eligibility, and infrastructure to compete independently and was not a competitor in the relevant market. The collaboration between Tourvest and the Trust was fully disclosed and did not have an anti-competitive object or effect. The submission of similar bids did not constitute collusive tendering under section 4(1)(b)(iii…

Source excerpt

• Collusive Tendering
• Horizontal Relationship
• Characterisation In Competition Law
• Administrative Penalty
• Enterprise Development
• Bid Rigging

Aranda Textile Mills (Pty) Ltd and Another v The Competition Commission of South Africa (190/CAC/DEC20)

Aranda Textile Mills (Pty) Ltd and Another v The Competition Commission of South Africa (190/CAC/DEC20) [2021] ZACAC 1; 2023 (2) SA 182 (CAC); [2023] 1 CPLR 3 (CAC) (17 December 2021)

Court

Competition Appeal Court

Case number

190/CAC/DEC20

Judges

BJ Mnguni, M Victor, F Kathree-Setiloane

The Competition Appeal Court upheld an appeal and dismissed a referral alleging collusive tendering and price fixing, finding the Commission had not proved its case.

• Collusive Tendering
• Price Fixing
• Horizontal Relationship
• Characterisation Of Conduct
• Burden Of Proof
• Inferential Reasoning

Competition Commission of South Africa v Aranda Textile Mills (Pty) Ltd and Another (CR016APR18)

Competition Commission of South Africa v Aranda Textile Mills (Pty) Ltd and Another (CR016APR18) [2020] ZACT 106 (4 December 2020)

Court

Competition Tribunal

Case number

CR016APR18

Judges

Yasmin Carrim, Thando Vilakazi, Enver Daniels

The Tribunal found Aranda and Mzansi colluded on a Treasury blanket tender, engaging in price fixing and bid rigging, and imposed penalties on both firms.

• Collusive Bidding
• Price Fixing
• Bid Rigging
• Horizontal Relationship
• Administrative Penalty
• Preferential Pricing

Afrocentric Health Limited v Discovery Health Medical Scheme and Others; In re: Afrocentric Healthcare Limited v Discovery Health Medical Scheme and Another (CP003Apr15/Joi120Sep15)

Afrocentric Health Limited v Discovery Health Medical Scheme and Others; In re: Afrocentric Healthcare Limited v Discovery Health Medical Scheme and Another (CP003Apr15/Joi120Sep15) [2016] ZACT 70; [2016] 2 CPLR 888 (CT) (15 August 2016)

Court

Competition Tribunal

Case number

CP003Apr15/Joi120Sep15

Judges

Yasmin Carrim, Anton Roskam, Fiona Tregenna

The Tribunal found that while all proposed respondents have a substantial interest in the outcome, joinder at this stage would be unfair and premature. The exception raised by the first and second respondents regarding the lack of a cause of action must be determined before requiring the proposed respondents to defend a case that may be unclear or excipiable. Joinder is discretionary under CTR 45(1), and the interests of justice require that the exception be resolved first to avoid unnecessary costs and ensure clarity for all parties. The application for joinder is therefore dismissed, but th…

Source excerpt

• Joinder Of Parties
• Referral Rule
• Horizontal Relationship
• Material Interest
• Exception Application

Imperial Holdings Ltd and Imperial Group (Pty) Ltd v RTT Group (Pty) Ltd (89/LM/Oct12)

Imperial Holdings Ltd and Imperial Group (Pty) Ltd v RTT Group (Pty) Ltd (89/LM/Oct12) [2012] ZACT 105; [2013] 1 CPLR 222 (CT) (20 December 2012)

Court

Competition Tribunal

Case number

89/LM/Oct12

Judges

Norman Manoim, Yasmin Carrim, Andreas Wessels

The Competition Tribunal approved Imperial’s acquisition of RTT Health without conditions, finding minimal overlap and no significant public interest concerns.

• Merger Control
• Market Definition
• Horizontal Relationship
• Vertical Relationship
• Merger-control
• Market-definition

SAAB AB v Aerostructures Business of Denel (Pty) Ltd (61/LM/Jul06)

SAAB AB v Aerostructures Business of Denel (Pty) Ltd (61/LM/Jul06) [2006] ZACT 99 (19 October 2006)

Court

Competition Tribunal

Case number

61/LM/Jul06

Judges

N Manoim, Y Carrim, U Bhoola

The Competition Tribunal unconditionally approved SAAB AB’s acquisition of a 20% interest in Denel’s Aerostructures Business, finding no substantial competition concerns.

• Merger Control
• Horizontal Relationship
• Vertical Relationship
• Market Definition
• Public Interest
• Merger-control