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South Africa decisions
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Doorware CC v Mercury Fittings CC (836/2023) [2025] ZASCA 25 (27 March 2025)
The Supreme Court of Appeal struck an application for reconsideration of leave to appeal, holding that no exceptional circumstances were shown and the interim interdict was not appealable.
Takata South Africa (Pty) Limited v Competition Commission of South Africa and Others (252/CAC/Feb24) [2025] ZACAC 1 (16 January 2025)
The court dismissed Takata SA’s appeal and review against the Tribunal’s dismissal of exceptions, holding the interlocutory ruling was not appealable and the review grounds duplicated the appeal.
Coca Cola Beverages South Africa (Pty) Ltd v Competition Commission of South Africa and Others (247/CAC/Jul23) [2024] ZACAC 4 (7 October 2024)
The Competition Appeal Court refused to transfer a review from the Competition Tribunal, holding there was no statutory or constitutional power to do so.
Continental Tyres South Africa (Pty) Ltd v Competition Commission of South Africa and Another; Goodyear South Africa (Pty) Ltd v Competition Commission and Others (150/CAC/JUN17; 151/CAC/JUN17) [2018] ZACAC 6; [2018] 2 CPLR 504 (CAC) (27 September 2018)
The Court held that the Competition Commission lawfully referred the complaint to the Tribunal within the extended period agreed under section 50(4)(a) of the Competition Act. The registrar's acceptance of the filing at 16h50 on 31 August 2010 was valid under Rule 4(2)(a), and Rule 6(4) did not apply in these circumstances. The agreement to extend the referral period to 31 August 2010 was incorporated into the Act and allowed filing up to midnight on that day. Tribunal rules cannot override this statutory extension. The omission of the case number on the electronic version of the referral ser…
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SAD Holdings Limited and Another v Competition Commission in re: Competition Commission v SAD Holdings Limited and Another [2001] ZACT 40 (23 October 2001)
The Tribunal held that the Competition Commission’s referral was out of time and that it had no power to condone the lapse after the one-year period expired.
South African Raisins (Pty) Ltd. and Another v S A D Holdings Ltd. (176/2000) [2000] ZASCA 60; 2001 (2) SA 877 (SCA); (29 September 2000)
The Supreme Court of Appeal held that the Competition Act applies to the raisin industry because there is no existing directive, regulation, or authorisation under the Marketing of Agricultural Products Act that governs monopolistic or anti-competitive acts in the sector. The Marketing of Agricultural Products Act is merely enabling and does not itself constitute public regulation for the purposes of s 3(1)(d) of the Competition Act. The Tribunal therefore had jurisdiction to issue the interim orders, and the High Court erred in declaring those orders null and void. The appeal was allowed, an…
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