South Africa Case Law

Whip Fire Projects (Pty) Ltd v Competition Commission of South Africa and Another (13204/17)

Whip Fire Projects (Pty) Ltd v Competition Commission of South Africa and Another (13204/17) [2018] ZAWCHC 28; 2020 (6) SA 228 (WCC) (28 February 2018)

Court

Western Cape High Court, Cape Town

Case number

13204/17

Judge

Ndita

The court held that the Competition Commission was entitled to apply for and obtain a search and seizure warrant on an ex parte basis, given the risk of evidence destruction and the investigative nature of the proceedings. The Commission was not required to file a formal initiation document (CC1) for the warrant application; sufficient particularity in the founding affidavit sufficed. The allegations and evidence presented by the Commission, including the applicant’s membership in ASIB and the restrictive rules enforced by ASIB, established reasonable grounds for suspicion of anti-competitive…

Source excerpt

• Search And Seizure
• Horizontal Restrictive Practices
• Market Division
• Initiation Of Complaint
• Chain Of Custody
• Interim Interdict

Pistorious N.O. and Others v Competition Commission of South Africa (148/CACNOV16, CR125DEC14, JO1029MAY16, JO1047JUN16)

Pistorious N.O. and Others v Competition Commission of South Africa (148/CACNOV16, CR125DEC14, JO1029MAY16, JO1047JUN16) [2017] ZACAC 4; [2017] 2 CPLR 575 (CAC) (10 October 2017)

Court

Competition Appeal Court

Case number

148/CACNOV16

Judges

Van der Linde, Davis, Makgoba

The Competition Appeal Court dismissed an appeal against joinder and amendment orders in a cartel complaint, rejecting arguments that the referral was a nullity or prescribed.

• Joinder Of Parties
• Trustee Authority
• Prescription
• Complaint Referral Amendment
• Horizontal Restrictive Practices
• Joinder-of-parties

Firefly Investments 319 Proprietary Limited v Murray and Roberts Infrastructure and Another (LM198Jan17)

Firefly Investments 319 Proprietary Limited v Murray and Roberts Infrastructure and Another (LM198Jan17) [2017] ZACT 37; [2017] 1 CPLR 263 (CT) (24 March 2017)

Court

Competition Tribunal

Case number

LM198Jan17

Judges

Norman Manoim, Enver Daniels, Andreas Wessels

The Tribunal unconditionally approved the acquisition of Murray and Roberts’ Infrastructure and Building Platform by Firefly Investments 319.

• Large Merger Review
• Restraint Of Trade
• Public Interest
• Horizontal Restrictive Practices
• Black Economic Empowerment
• Large-merger-review

Venter v Law Society of the Cape of Good Hope and Others (014688)

Venter v Law Society of the Cape of Good Hope and Others (014688) [2013] ZACT 103; [2013] 2 CPLR 477 (CT) (14 October 2013)

Court

Competition Tribunal

Case number

24/CR/Mar12 (014688)

Judges

Norman Manoim, Andreas Wessels, Takalani Madima

The Tribunal held that a Law Society no-touting rule was subject to the Competition Act, but Venter failed to prove a substantial lessening of competition.

• Professional Association Rules
• Horizontal Restrictive Practices
• Rule Of Reason Analysis
• Exemption Regime
• Market Definition
• Trading Conditions

National Association of Pharmaceutical Wholesalers and Others v Glaxo Wellcome (Pty) Ltd and Others (29/CAC/Jul03)

National Association of Pharmaceutical Wholesalers and Others v Glaxo Wellcome (Pty) Ltd and Others (29/CAC/Jul03) [2005] ZACAC 2; [2005] 1 CPLR 102 (CAC) (18 February 2005)

Court

Competition Appeal Court

Case number

29/CAC/Jul03

Judges

Patel, Jali, Selikowitz

Competition Appeal Court refused condonation and dismissed an appeal against refusal of interim relief over pharmaceutical distribution arrangements.

• Interim Relief
• Exclusive Distribution Agreements
• Abuse Of Dominance
• Price Discrimination
• Vertical Restrictive Practices
• Horizontal Restrictive Practices

American Soda Ash Corporation CHC Global (Pty) Ltd and Another v Competition Commission of South Africa and Others (leave to appeal)

American Soda Ash Corporation CHC Global (Pty) Ltd and Another v Competition Commission of South Africa and Others (leave to appeal) [2003] ZACAC 7 (30 October 2003)

Court

Competition Appeal Court

Case number

12/CAC/DEC01

Judges

Davis, Jali, Malan

The Competition Appeal Court refused leave to appeal, holding that the applicants showed no reasonable prospect of success on statutory interpretation or standing.

• Leave To Appeal
• Locus Standi
• Interpretation Of Competition Act
• Per Se Vs Rule Of Reason
• Price Fixing
• Horizontal Restrictive Practices

National Association of Pharmaceutical Wholesalers and Others v Glaxo Wellcome (Proprietary) Limited and Others (68/IR/Jun00)

National Association of Pharmaceutical Wholesalers and Others v Glaxo Wellcome (Proprietary) Limited and Others (68/IR/Jun00) [2000] ZACT 15 (28 April 2000)

Court

Competition Tribunal

Case number

68/IR/Jun00

Judges

D.R. Terblanche, M.G. Holden, F.C. Fourie

The Tribunal granted interim relief against a joint exclusive pharmaceutical distribution agency, finding a prima facie horizontal restraint under section 4(1)(a).

• Horizontal Restrictive Practices
• Exclusive Distribution Agency
• Interim Relief
• Market Definition
• Balance Of Convenience
• Competition-law