South Africa Case Law

Competition Commission of South Africa v Standard Chartered Bank (CR212Feb17; SA128Nov23)

Competition Commission of South Africa v Standard Chartered Bank (CR212Feb17; SA128Nov23) [2023] ZACT 68; [2024] 1 CPLR 11 (CT) (15 November 2023)

Court

Competition Tribunal

Case number

CR212Feb17; SA128Nov23

Judges

L Mncube, I Valodia, A Ndoni

The Competition Tribunal confirmed a settlement in which Standard Chartered Bank admitted price fixing and market allocation in the ZAR foreign exchange market.

• Price Fixing
• Market Allocation
• Administrative Penalty
• Settlement Agreement
• Section 4 Competition Act
• Competition-law

Competition Commission v Cape Gate (Pty) Ltd (CR029Sep09; SA203Mar23)

Competition Commission v Cape Gate (Pty) Ltd (CR029Sep09; SA203Mar23) [2023] ZACT 62 (23 July 2023)

Court

Competition Tribunal

Case number

CR029Sep09

Judges

G Budlender, I Valodia, A Ndoni

The Tribunal confirmed a settlement agreement in a long-steel competition matter, imposed a R1,375,344.32 penalty, and required compliance measures.

• Price Fixing
• Market Allocation
• Administrative Penalty
• Settlement Agreement
• Corporate Leniency Policy
• Competition-law

Competition Commission of South Africa v Afrion Property Services CC and Others (CR245Mar17)

Competition Commission of South Africa v Afrion Property Services CC and Others (CR245Mar17) [2021] ZACT 79 (15 January 2021)

Court

Competition Tribunal

Case number

CR245Mar17

Judges

Yasmin Carrim, AW Wessels, Medi Mokuena

The Tribunal found Belfa Fire and Cross Fire liable for long-running collusive tendering, price fixing and market division, but dismissed the case against Tshwane Sprinklers.

• Collusive Tendering
• Price Fixing
• Market Allocation
• Administrative Penalty
• Cartel Liability
• Collusive-tendering

Competition Commission v Irvin & Johnson Ltd and Another (CR198Oct18)

Competition Commission v Irvin & Johnson Ltd and Another (CR198Oct18) [2020] ZACT 103 (4 September 2020)

Court

Competition Tribunal

Case number

CR198Oct18

Judges

Enver Daniels, Yasmin Carrim, Andiswa Ndoni

The Tribunal dismissed a market-allocation complaint, finding the beef-processing agreements were a commercial manufacturing arrangement, not a section 4(1)(b)(ii) cartel.

• Market Allocation
• Horizontal Agreements
• Section 4 1 B Ii
• Manufacturing Agreement
• Customer Allocation
• Cartel Characterisation

Competition Commission of South Africa v NPC-Cimpor (Pty) Limited and Others (178/CAC/DEC19)

Competition Commission of South Africa v NPC-Cimpor (Pty) Limited and Others (178/CAC/DEC19) [2020] ZACAC 8 (7 August 2020)

Court

Competition Appeal Court

Case number

178/CAC/DEC19

Judges

Davis JP, Siwendu, Fisher AJJA

The Competition Appeal Court dismissed the Commission’s appeal, finding insufficient proof that NPC-Cimpor joined or continued a cartel under section 4(1)(b).

• Cartel Conduct
• Market Allocation
• Information Exchange
• Burden Of Proof
• Section 4 Competition Act
• Competition-law

Competition Commission v Van Heerden Pharmacy and Others (CO011Apr20)

Competition Commission v Van Heerden Pharmacy and Others (CO011Apr20) [2020] ZACT 98 (6 May 2020)

Court

Competition Tribunal

Case number

CO011Apr20

Judges

E Daniels, M Mazwai, T Vilakazi

The Competition Tribunal confirmed a consent agreement between the Competition Commission and three Van Heerden Pharmacy branches, resolving the competition matter by order.

• Consent Agreement
• Abuse Of Dominance
• Market Allocation
• Competition-law
• Consent-agreement
• Competition-tribunal

Competition Commission v Primedia (Pty) Ltd t/a Ster Kinekor Theatres and Another (161/CAC/Feb18)

Competition Commission v Primedia (Pty) Ltd t/a Ster Kinekor Theatres and Another (161/CAC/Feb18) [2019] ZACAC 3 (2 July 2019)

Court

Competition Appeal Court

Case number

161/CAC/Feb18

Judges

Mnguni JA, Davis JP, Unterhalter AJA

The Competition Appeal Court dismissed an appeal over an alleged market-allocation agreement in cinema exhibition, finding insufficient proof of post-Act implementation.

• Market Allocation
• Restrictive Horizontal Practices
• Economic Successor Liability
• Settlement Agreement
• Division Of Markets
• Competition-law

AECI Limited v Much Asphalt (Pty) Ltd (LM234Nov17)

AECI Limited v Much Asphalt (Pty) Ltd (LM234Nov17) [2018] ZACT 36 (20 April 2018)

Court

Competition Tribunal

Case number

LM234Nov17

Judges

Y Carrim, I Valodia, A Wessels

The Tribunal unconditionally approved AECI Limited’s acquisition of Much Asphalt (Pty) Ltd, finding no horizontal overlap, limited vertical concerns, and no public interest issues.

• Merger Control
• Vertical Relationships
• Market Allocation
• Collusive Tendering
• Price Fixing
• Merger-control

Competition Commission v Primedia Limited and Another (CR191Mar12)

Competition Commission v Primedia Limited and Another (CR191Mar12) [2018] ZACT 11; [2018] 1 CPLR 144 (CT) (5 February 2018)

Court

Competition Tribunal

Case number

CR191Mar12

Judges

Anton Roskam, lmraan Valodia, Enver Daniels

The Tribunal found that the settlement agreement between Ster-Kinekor and Nu Metro was concluded before the Competition Act came into operation. For a contravention of section 4(1)(b)(ii) to be established, there must be evidence of actions or discussions directed at implementing the agreement after the Act commenced. The evidence did not support the Commission's contention that the settlement agreement was implemented post-commencement. Witnesses from Ster-Kinekor credibly testified that they were unaware of the agreement and did not act in accordance with it, and the only attempt to enforce…

Source excerpt

• Market Allocation
• Horizontal Agreements
• Section 4 Competition Act
• Corporate Leniency Policy
• Successor Liability

Competition Commission v Murray and Roberts Limited (CR128Mar11/SA153Oct15)

Competition Commission v Murray and Roberts Limited (CR128Mar11/SA153Oct15) [2015] ZACT 128; [2015] 2 CPLR 571 (CT) (9 December 2015)

Court

Competition Tribunal

Case number

CR128Mar11/SA153Oct15

Judges

N Manoim, A Wessels, I Valodia

The Competition Tribunal confirmed a consent agreement admitting collusive tendering and price-fixing conduct in several construction projects and imposed a R64.1 million penalty.

• Collusive Tendering
• Price Fixing
• Market Allocation
• Administrative Penalty
• Consent Agreement
• Collusive-tendering