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South Africa decisions
Decisions matching the current search
Beverage Company Bidco (Pty) Ltd v SoftBev (Pty) Ltd (LM033APR18) [2018] ZACT 28 (24 July 2018)
The Competition Tribunal unconditionally approved BevCo’s acquisition of SoftBev, finding no substantial lessening of competition and no adverse employment effects.
Media 24 Proprietary Limited v Competition Commission of South Africa (146/CAC/Sep16) [2018] ZACAC 1; 2018 (4) SA 278 (CAC); [2018] 1 CPLR 56 (CAC) (19 March 2018)
The Competition Appeal Court held that the appropriate benchmark for assessing predatory pricing under section 8(c) of the Competition Act is average avoidable costs (AAC), not average total costs (ATC) plus intention. The Tribunal erred by applying ATC and predatory intent, which is not supported by the statutory wording or economic principles. The evidence showed that Forum's revenue exceeded its avoidable costs during the complaint period, and the inclusion of certain cost categories as avoidable was not justified on the probabilities. Opportunity costs should not be included in AAC. As th…
Source excerpt
Competition Commission v Media 24 Proprietary Limited (CR154Oct11/REM144Sep15) [2016] ZACT 86; [2016] 2 CPLR 968 (CT) (6 September 2016)
The Tribunal held that competition had not been restored in the Goldfields newspaper market and imposed a credit guarantee remedy, rejecting an interdict and investment subsidy.
Competition Commission v Media 24 (pty) Ltd (92/CR/Oct11) [2013] ZACT 19; [2013] 1 CPLR 291 (CT) (28 March 2013)
The Tribunal allowed the Commission’s amendment, but ordered further particulars on Vista’s alleged targeting conduct and rejected objections on cause of action and contradiction.
Caxton & CTP Publishes and Printers Ltd v Competition Commission and Others (13/X/Feb11) [2011] ZACT 54; [2011] 2 CPLR 304 (CT) (25 July 2011)
The Tribunal set aside the Competition Commission’s approval of a small merger, finding material omissions, flawed market definition, and ignored evidence.
Media24 Ltd and Another v Competition Commission of South Africa and Others (18/X/APR10) [2010] ZACT 44; [2010] 2 CPLR 418 (CT) (8 July 2010)
The Tribunal dismissed a challenge to a Competition Commissioner summons, holding that the document requests and interrogatories were lawful, relevant, and not void for vagueness.
Murray & Roberts Limited and Cementation Company (Africa) Limited (02/LM/Jan04) [2004] ZACT 47; [2004] 1 CPLR 145 (CT) (28 June 2004)
The Tribunal unconditionally approved Murray & Roberts’ acquisition of Cementation, finding no substantial lessening of competition in the relevant mining services markets.
Orion Cellular (Proprietary) Limited and Telkom South Africa Limited / Standard Bank of South Africa Limited / Edgars Consolidated Stores Limited (19/IR/Apr03) [2004] ZACT 18; [2004] 1 CPLR 198 (CT) (24 February 2004)
The Tribunal granted Orion access to disputed contractual data, subject to confidentiality undertakings, and treated limited annexure data as provisionally confidential.
FFS Refiners (Pty) Ltd and Eskom EB Cochrane South Africa (Pty) Ltd / EThekweni Municipality National Electricity Regulator (64/CR/SEP02) [2003] ZACT 9 (21 February 2003)
The Competition Tribunal upheld exceptions to a complaint referral against Eskom, finding the dominance and pricing allegations were inadequately pleaded.
Glaxo Wellcome (Pty) Ltd and Others v National Association of Pharmaceutical Wholesalers and Others (15/CAC/Feb02) [2002] ZACAC 3 (21 October 2002)
The Competition Appeal Court held that new allegations of excessive pricing, predatory pricing, and essential-facilities denial could not be added in a referral if not raised in the original complaint.
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