South Africa Case Law

Clicks Group Ltd and Others v Independent Community Pharmacy Association and Others (644/2020)

Clicks Group Ltd and Others v Independent Community Pharmacy Association and Others (644/2020) [2021] ZASCA 167; [2022] 1 All SA 297 (SCA) (3 December 2021)

Court

Supreme Court of Appeal

Case number

644/2020

Judges

Petse, Mathopo, Makgoka, Plasket, Kgoele

The majority held that the Clicks Group's corporate structure does not contravene regulation 6(d) of the Regulations relating to Ownership and Licensing of Pharmacies. The court found that the concept of 'beneficial interest' does not extend to shareholders in the context of South African law, as company assets are distinct from shareholder interests. The Director-General and Appeal Committee acted lawfully in dismissing the complaint, as the jurisdictional requirements for revocation of licences were not met and no evidence was adduced of actual conflict of interest or harm to patients. The…

Source excerpt

• Pharmacy Licensing
• Beneficial Interest
• Corporate Structure
• Regulation Interpretation
• Right To Health
• Conflict Of Interest

Main Road Centurion 30178 (Pty) Ltd v Fixtrade 378 (Pty) Ltd and Others (2010/2020)

Main Road Centurion 30178 (Pty) Ltd v Fixtrade 378 (Pty) Ltd and Others (2010/2020) [2021] ZAECPEHC 2 (21 January 2021)

Court

Eastern Cape High Court, Port Elizabeth

Case number

2010/2020

Judge

N.J. Mullins

The applicant failed to satisfy the requirements for an interim interdict. While a prima facie right was established as an existing pharmacy owner, the applicant did not demonstrate irreparable harm, as its allegations were generic and unsupported by evidence. The balance of convenience did not favour the applicant, given the respondents' financial commitments and compliance with licensing procedures. The applicant had an alternative remedy in the form of a damages claim, and the process of discovery would assist in quantifying any loss. Material disputes of fact existed regarding the legalit…

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• Pharmacy Licensing
• Interim Interdict
• Land Use Rights
• Municipal Zoning
• Costs De Bonis Propriis
• Review Of Administrative Action

Independent Community Pharmacy Association v Minister of Health and Others (11647/18)

Independent Community Pharmacy Association v Minister of Health and Others (11647/18) [2020] ZAWCHC 47 (3 June 2020)

Court

Western Cape High Court, Cape Town

Case number

11647/18

Judge

Sievers

The High Court reviewed and set aside administrative decisions finding no pharmacy-law breach, held the Clicks corporate structure contravened Regulation 6, and remitted sanction.

• Pharmacy Licensing
• Beneficial Interest
• Corporate Structure
• Administrative Review
• Conflict Of Interest
• Pharmacy-licensing

Clicks Organisation (Pty) Ltd and Purchase Milton and Associates (Pty) Ltd / Milton & Associates (Pty) Limited / J&G Purchase (Pty) Limited / Leon Katz (Pty) Limited (24/LM/May03)

Clicks Organisation (Pty) Ltd and Purchase Milton and Associates (Pty) Ltd / Milton & Associates (Pty) Limited / J&G Purchase (Pty) Limited / Leon Katz (Pty) Limited (24/LM/May03) [2003] ZACT 46 (9 September 2003)

Court

Competition Tribunal

Case number

24/LM/May03

Judges

D. Lewis, N. Manoim, F. Fourie

The Competition Tribunal approved Clicks’s acquisition of pharmacy businesses, finding no substantial lessening of competition despite concerns about entry barriers.

• Merger Control
• Potential Competition
• Barriers To Entry
• Pharmacy Licensing
• Single Exit Pricing
• Merger-control