South Africa Case Law

Competition Commission of South Africa v Bank of America Merrill Lynch International and Others (215/CAC/APR23)

Competition Commission of South Africa v Bank of America Merrill Lynch International and Others (215/CAC/APR23) [2024] ZACAC 1; [2024] 1 CPLR 1 (CAC) (8 January 2024)

Court

Competition Appeal Court

Case number

215/CAC/APR23

Judges

DM Davis, Nuku, Nkosi

The Court held that the Commission failed to establish a prima facie case of a single overarching conspiracy against several respondent banks, particularly pure peregrini and holding companies, due to insufficient factual allegations linking them to the alleged cartel conduct and South African jurisdiction. The Court emphasized the need for specific evidence of intentional contribution and knowledge for each respondent, as required by the 2020 order and European jurisprudence. The joining of holding companies and parties not cited in the original referral was found to be improper, as the Comm…

Source excerpt

• Cartel Conduct
• Personal Jurisdiction
• Subject Matter Jurisdiction
• Single Overarching Conspiracy
• Joinder Of Parties
• Exception Procedure

Competition Commission of South Africa v Bank of America Merrill Lynch International Designated Activity Company and Others (CR212Feb17)

Competition Commission of South Africa v Bank of America Merrill Lynch International Designated Activity Company and Others (CR212Feb17) [2023] ZACT 26 (30 March 2023)

Court

Competition Tribunal

Case number

CR212Feb17

Judges

Y Carrim, M Mazwai, AW Wessels

The Tribunal held that it had jurisdiction over a broad forex cartel referral and dismissed all exceptions, objections and dismissal applications, while granting joinder applications.

• Cartel Conduct
• Exchange Rate Manipulation
• Qualified Effects Test
• Personal Jurisdiction
• Joinder Of Parties
• Exception Procedure

Nedbank Limited v Rossouw NO and Others (47553/2016)

Nedbank Limited v Rossouw NO and Others (47553/2016) [2016] ZAGPPHC 916 (24 October 2016)

Court

North Gauteng High Court, Pretoria

Case number

47553/2016

Judge

N V Khumalo

The High Court struck Nedbank’s summary judgment application off the roll after finding that Pretoria lacked jurisdiction over the dispute.

• Jurisdiction Of High Court
• Summary Judgment
• Mortgage Bond Enforcement
• Choice Of Domicilium
• Personal Jurisdiction
• Jurisdiction-of-high-court

First National Bank v Lukhele and seven other cases (01.16; 32.16; 33.16; 35.16; 40.16; 84.16; 89.16; 107.16)

First National Bank v Lukhele and seven other cases (01.16; 32.16; 33.16; 35.16; 40.16; 84.16; 89.16; 107.16) [2016] ZAGPPHC 616 (16 May 2016)

Court

North Gauteng High Court, Pretoria

Case number

01.16; 32.16; 33.16; 35.16; 40.16; 84.16; 89.16; 107.16

Judge

M F Legodi

High Court struck eight default judgment applications from the roll after finding the cases were issued in the wrong circuit court and that forum shopping undermined access to justice.

• Forum Selection
• Default Judgment
• Personal Jurisdiction
• National Credit Act
• Access To Courts
• Practice Directive Interpretation