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South Africa decisions
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Competition Commission of South Africa v Spar Group Limited (CO077Aug23) [2023] ZACT 72 (19 December 2023)
The Tribunal confirmed a consent agreement settling grocery retail market-inquiry complaints against Spar Group Limited, including exclusivity concerns in lease agreements.
Netcare Hospitals (Pty) Ltd v KPMG Services (Pty) Ltd and Another (47505/2013) [2014] ZAGPJHC 186; [2014] 4 All SA 241 (GJ) (22 August 2014)
The court found that Netcare failed to establish a prima facie right to bar KPMG from acting for the Competition Commission. The contractual relationship between Netcare and KPMG expressly permitted KPMG to act for conflicting parties and did not create a restraint of trade or a fiduciary duty beyond confidentiality. The only surviving duty was to keep Netcare's confidential information confidential, and Netcare did not prove any breach or real risk of disclosure. The South African law does not extend barring out relief to professionals other than solicitors except in exceptional cases, and t…
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