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South Africa Case Law

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Competition Law [2015] ZACAC 2

Allens Meshco (Pty) Ltd and Others v Competition Commission and Others, Inre: Mondi Ltd and Another v Allens Meshco (Pty) Ltd and Others (135/CAC/Jan15)

Allens Meshco (Pty) Ltd and Others v Competition Commission and Others, Inre: Mondi Ltd and Another v Allens Meshco (Pty) Ltd and Others (135/CAC/Jan15) [2015] ZACAC 2; [2015] 1 CPLR 27 (CAC) (26 March 2015)

Court
Competition Appeal Court
Case number
135/CAC/Jan15
Judges
Davis, Victor, Rogers

The Competition Appeal Court held that the Tribunal's refusal to stay the complaint proceedings was not a final decision as contemplated by section 37(1)(b)(i) of the Competition Act. The refusal was an interim or interlocutory decision, not definitive of the parties' rights, and did not dispose of any portion of the relief claimed in the main proceedings. The Court found no statutory provision permitting an appeal against such a decision. Consequently, the Court lacked jurisdiction to entertain the appeal. The Court further declined to lay down general guidelines for review proceedings, emph…

Source excerpt

  • Appealability Of Interim Orders
  • Stay Of Proceedings
  • Cartel Conduct
  • Leniency Policy
  • Review Jurisdiction
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Competition Law [2013] ZACT 47

Competition Commission v Primkop Airport Management (Pty) Ltd (016691)

Competition Commission v Primkop Airport Management (Pty) Ltd (016691) [2013] ZACT 47 (7 June 2013)

Court
Competition Tribunal
Case number
016691
Judges
N Manoim, M Mazwai, A Ndoni

The Tribunal found that the MOU between SanParks and PAM constituted a market division agreement, as SanParks agreed to downgrade Skukuza Airport and refrain from competing with PAM in exchange for monetary compensation. This arrangement contravened section 4(1)(b)(ii) of the Competition Act. The Tribunal confirmed the consent agreement, which included an administrative penalty of R2 million (4% of PAM's 2009 turnover) and the cessation of the MOU's effects. The addendum clarified that the MOU is no longer in force and that SanParks confirmed its lapse in 2003. The order resolves all proceedi…

Source excerpt

  • Market Division
  • Administrative Penalty
  • Consent Agreement
  • Section 4 1 B Ii
  • Leniency Policy
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Competition Law [2013] ZASCA 84

Competition Commission of South Africa v Arcerlormittal South Africa Ltd and Others (680/12)

Competition Commission of South Africa v Arcerlormittal South Africa Ltd and Others (680/12) [2013] ZASCA 84; [2013] 3 All SA 234 (SCA); 2013 (5) SA 538 (SCA); [2013] 1 CPLR 1 (SCA) (31 May 2013)

Court
Supreme Court of Appeal
Case number
680/12
Judges
Brand, Nugent, Cachalia, Pillay, Mbha

The Supreme Court of Appeal held that the leniency application submitted by Scaw was privileged, as it was procured by the Commission for the purpose of contemplated litigation against alleged cartelists. However, the Commission waived this privilege by referring to the leniency application in its referral affidavit, thereby making it discoverable under rule 35(12). Any entitlement to claim the application as restricted information under rule 14(1)(e) was similarly waived. The court further held that Scaw's claim to confidentiality must be determined by the tribunal in accordance with the Com…

Source excerpt

  • Litigation Privilege
  • Leniency Policy
  • Confidential Information
  • Discovery Of Documents
  • Waiver Of Privilege
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.