South Africa Case Law

Sunrise Energy Proprietary Limited v Strategic Fuel Fund Association NPC and Others (211/CAC/Oct22)

Sunrise Energy Proprietary Limited v Strategic Fuel Fund Association NPC and Others (211/CAC/Oct22) [2022] ZACAC 11; [2023] 1 CPLR 5 (CAC) (22 November 2022)

Court

Competition Appeal Court

Case number

211/CAC/Oct22

Judges

Nkosi, Vally, Potterill

The Competition Appeal Court upheld Sunrise Energy’s appeal, allowing broader participation in merger proceedings and access to confidential material through its economic advisors.

• Merger Control
• Intervention Rights
• Public Interest Analysis
• Access To Confidential Information
• Market Foreclosure
• Remedies In Merger Proceedings

Uniplate Group ( Pty) Ltd v The Competition Commission of South Africa (176/CAC/Jul19)

Uniplate Group ( Pty) Ltd v The Competition Commission of South Africa (176/CAC/Jul19) [2020] ZACAC 10 (25 February 2020)

Court

Competition Appeal Court

Case number

176/CAC/Jul19

Judges

Unterhalter, Davis, Rogers

Competition Appeal Court set aside a Tribunal finding that Uniplate’s exclusivity restraints foreclosed the market and caused higher prices, and dismissed the complaint.

• Exclusive Dealing
• Market Foreclosure
• Dominance
• Anti Competitive Effects
• Burden Of Proof
• Pricing Analysis

Competition Commission v Wesgrow Potatoes (Pty) Ltd and Another (CR249Mar17/SA130Nov19)

Competition Commission v Wesgrow Potatoes (Pty) Ltd and Another (CR249Mar17/SA130Nov19) [2020] ZACT 3 (15 January 2020)

Court

Competition Tribunal

Case number

CR249Mar17/SA130Nov19

Judges

Y Carrim, A Ndoni, H Cheadle

The Tribunal approved a settlement resolving complaints about exclusive agreements over the Mondial seed potato varietal and imposed compliance undertakings.

• Exclusive Agreements
• Abuse Of Dominance
• Market Foreclosure
• Settlement Agreement
• Plant Breeders Rights
• Administrative Penalty

Grindrod Holdings South Africa (Pty) Ltd v RACEC Group Ltd (017699)

Grindrod Holdings South Africa (Pty) Ltd v RACEC Group Ltd (017699) [2013] ZACT 112 (12 November 2013)

Court

Competition Tribunal

Case number

017699

Judges

Norman Manoim, Andreas Wessels, Medi Mokuena

The Competition Tribunal unconditionally approved Grindrod’s acquisition of 74.9% of RACEC, finding no substantial competition harm or public interest concerns.

• Merger Control
• Vertical Relationships
• Public Interest
• Market Foreclosure
• Merger-control
• Vertical-relationships

Rooibos Ltd v South African Competition Commission, Competition Commission v Rooibos Ltd and Another (129/CR/Dec08)

Rooibos Ltd v South African Competition Commission, Competition Commission v Rooibos Ltd and Another (129/CR/Dec08) [2009] ZACT 58; [2009] 2 CPLR 572 (CT) (29 September 2009)

Court

Competition Tribunal

Case number

129/CR/Dec08

Judges

N Manoim, Y Carrim, L Reyburn

The Competition Tribunal dismissed Rooibos Ltd’s exception to a complaint referral, holding the Commission had pleaded enough material facts to answer the case.

• Exclusive Supply Agreements
• Abuse Of Dominance
• Volume Rebates
• Market Foreclosure
• Pleading Requirements
• Rule 15 Of Tribunal Rules

Mandla-Matla Publishing (Pty) Ltd and Independent Newspapers (Pty) Ltd (48/CR/Jun04)

Mandla-Matla Publishing (Pty) Ltd and Independent Newspapers (Pty) Ltd (48/CR/Jun04) [2006] ZACT 84; [2006] 2 CPLR 499 (CT) (6 November 2006)

Court

Competition Tribunal

Case number

48/CR/Jun04

Judges

D H Lewis, Y Carrim, M Madlanga

The Tribunal found that Mandla-Matla failed to establish that the exclusivity clauses and refusal to provide distribution information by Independent Newspapers resulted in a substantial prevention or lessening of competition or anti-competitive effect as required by sections 5(1), 8(c), and 8(d)(i) of the Competition Act. Evidence showed that Mandla-Matla and its new distributor, Natal Witness, were able to set up alternative distribution networks within a short period, indicating low barriers to entry and minimal market foreclosure. The rapid expansion of the isiZulu newspaper market followi…

Source excerpt

• Exclusive Dealing
• Abuse Of Dominance
• Vertical Agreements
• Anti-competitive Effect
• Essential Facility
• Market Foreclosure

Rainbow Farms (Pty) Ltd and Vector Logistics (Pty) Ltd (74/LM/Sep04)

Rainbow Farms (Pty) Ltd and Vector Logistics (Pty) Ltd (74/LM/Sep04) [2004] ZACT 73 (5 November 2004)

Court

Competition Tribunal

Case number

74/LM/Sep04

Judges

D Lewis, N Manoim, M Mokuena

The Competition Tribunal unconditionally approved Rainbow Farms’ acquisition of Vector Logistics, finding no substantial lessening of competition or public interest concerns.

• Vertical Merger
• Market Definition
• Barriers To Entry
• Market Foreclosure
• Public Interest
• Merger Clearance

Main Street 87 (Pty) Ltd / Tosaco Commercial Services (Pty) Ltd and Total South Africa (Pty) Ltd / Total Petroleum Renaissance (Pty) Ltd (18/LM/Apr03)

Main Street 87 (Pty) Ltd / Tosaco Commercial Services (Pty) Ltd and Total South Africa (Pty) Ltd / Total Petroleum Renaissance (Pty) Ltd (18/LM/Apr03) [2003] ZACT 26 (15 May 2003)

Court

Competition Tribunal

Case number

18/LM/Apr03

Judges

N. Manoim, D Lewis, L. Reyburn

The Competition Tribunal approved the merger of Main Street 87, Tosaco Commercial Services, Total South Africa and Total Petroleum Renaissance without conditions.

• Large Merger Review
• Vertical Relationships
• Market Foreclosure
• Public Interest
• Empowerment Transaction
• Large-merger-review

Silicon Technology (Pty) Ltd and Calcium Carbide Division of Sentrachem Limited (63/LM/Sep02)

Silicon Technology (Pty) Ltd and Calcium Carbide Division of Sentrachem Limited (63/LM/Sep02) [2003] ZACT 3 (15 January 2003)

Court

Competition Tribunal

Case number

63/LM/Sep02

Judges

N. Manoim, F. Fourie, M. Holden

The Competition Tribunal approved Siltech’s acquisition of Sentrachem’s calcium carbide and acetylene carbon black businesses, finding no substantial lessening of competition or public-interest concerns.

• Vertical Integration
• Market Foreclosure
• Merger Control
• Public Interest
• Merger-control
• Vertical-integration