Sasol Gas Proprietary Limited v Competition Commission Of South Africa and Others (212.CAC.Apr23 CT; OTH110Sep22) [2023] ZACAC 5 (5 May 2023)
Court
Competition Appeal Court
Case number
212.CAC.Apr23 CT
The Competition Appeal Court transferred Part B of Sasol Gas’s application from the Tribunal for determination and set a future hearing for procedural directions.
The majority held that section 63(2) of the Competition Act either bars direct appeals to the Constitutional Court without first seeking leave from the Competition Appeal Court, or, alternatively, requires compelling circumstances in the interests of justice to justify direct access. The Commission failed to comply with either interpretation: it did not seek leave from the Competition Appeal Court, and it did not demonstrate compelling circumstances justifying direct access. The application was therefore dismissed. The minority, relying on the judgment in Competition Commission v Yara, found…
Johnnic Holdings Limited and Another v Competition Tribunal and Others in re: Mercanto (Pty) Ltd v Johnnic Holdings Ltd [2008] ZACAC 2 (23 September 2008)
Court
Competition Appeal Court
Case number
78/LM/Aug05
Judges
Mailula JA, Davis JP, Levinsohn AJA
The Competition Appeal Court reviewed and set aside the Competition Commission’s refusal to approve a merger divestiture proposal, remitting the matter for reconsideration.
TWK Agriculture Limited and Competition Commission & Others (67/CAC/Jan07) [2007] ZACAC 3 (7 August 2007)
Court
Competition Appeal Court
Case number
67/CAC/Jan07
Judges
Davis JP, Patel AJ, Mhlantla JA
The Court held that it does not have jurisdiction as a court of first instance to review decisions of the Competition Commission regarding merger approvals. The statutory scheme of the Competition Act provides that the Tribunal is the proper forum for reviewing Commission decisions, and the Court's review powers are limited to decisions of the Tribunal. Section 62(2) does not confer a general review power on the Court over the Commission, and the applicant's interpretation would undermine the structure and purpose of the competition institutions. The application was therefore dismissed for la…
Old Mutual Properties (Pty) Ltd and Another v Avalon Group (Pty) Limited and Others (21/CAC/Jul02) [2003] ZACAC 3; [2003] 1 CPLR 46 (CAC) (24 April 2003)
Court
Competition Appeal Court
Case number
21/CAC/JUL02
Judges
Malan, Hussain, Jali
The Court held that its jurisdiction to review is strictly limited by the Competition Act to decisions of the Competition Tribunal. The decisions challenged by the applicants were made by an Assigned Member and, except where specifically provided for in section 31(5), such decisions are not decisions of the Tribunal. The Act does not permit the Court to review procedural or interlocutory decisions of Assigned Members unless expressly provided. The applicants' reliance on the Anglo South Africa case was misplaced, as the review jurisdiction was not considered or decided in that matter. Accordi…
Glaxo Wellcome (Pty) Ltd and Others v Terblanche N.O.and Others [2000] ZACAC 1; 2001 (4) SA 891 (CAC) (11 October 2000)
Court
Competition Appeal Court
Case number
02/CAC/SEPTOO
Judge
Davis JP
The Competition Appeal Court does not have jurisdiction to suspend the operation and execution of an interim order granted by the Competition Tribunal under section 59(1) of the Competition Act unless the order is subject to a review or appeal. At the time the application was launched, no review proceedings had been instituted, and the subsequent filing of a review after the hearing cannot retrospectively cure the jurisdictional defect. Section 59 interim orders are not appealable under the Act, as they do not meet the common law criteria for appealability and are intended to provide temporar…
