South Africa Case Law

A'Africa Pest Prevention CC and Another v Competition Commssion of South Africa (168/CAC/Oct18)

A'Africa Pest Prevention CC and Another v Competition Commssion of South Africa (168/CAC/Oct18) [2019] ZACAC 2 (2 July 2019)

Court

Competition Appeal Court

Case number

168/CAC/Oct18

Judges

Boqwana JA, Victor JA, Van der Linde AJA

The court held that, although the appellants operated with a high degree of commercial unity and shared management, their structure did not meet the statutory requirements for exemption under section 4(5)(b) of the Competition Act. The ownership and control of the close corporations were not analogous to a parent and wholly-owned subsidiary, as required by the Act. The court found that the submission of identical bids, determined by the same individual, did not amount to collusive tendering or price fixing in the absence of evidence of an agreement or concerted practice between independent fi…

Source excerpt

• Single Economic Entity
• Collusive Tendering
• Price Fixing
• Horizontal Relationships
• Characterisation Of Conduct