South Africa Case Law

Singh and Others v Companies and Intellectual Property Commission and Others (822/2018)

Singh and Others v Companies and Intellectual Property Commission and Others (822/2018) [2019] ZASCA 69; 2019 (5) SA 432 (SCA) (30 May 2019)

Court

Supreme Court of Appeal

Case number

822/2018

Judges

Navsa ADP, Mbha JA, Schippers JA, Mokgohloa AJA, Davis AJA

The Supreme Court of Appeal held that the Companies and Intellectual Property Commission was empowered to investigate the complaint regarding the alleged fraudulent removal of a director. The complaint was not time barred, as the obligation to maintain accurate company records is ongoing and the failure to correct inaccuracies constitutes a continuing omission under section 219(1)(a) of the Companies Act. Pending civil litigation did not preclude the Commission's investigation, as the litigation was contractual and not based on the Companies Act. The Commission's actions were rational and law…

Source excerpt

• Companies Act 2008
• Jurisdiction Of Statutory Commission
• Prescription Of Complaints
• Fraudulent Removal Of Director
• Review Of Administrative Action

Competition Commission v Power Construction (West Cape) (Pty) and Others; In re: Power Construction (West Cape) (Pty) and Another v Competition Commission (CR166Dec14)

Competition Commission v Power Construction (West Cape) (Pty) and Others; In re: Power Construction (West Cape) (Pty) and Another v Competition Commission (CR166Dec14) [2016] ZACT 87 (25 August 2016)

Court

Competition Tribunal

Case number

CR166Dec14

Judges

Y Carrim, M Mokuena, A Wessels

The Tribunal found that the September 2009 complaint initiation by the Competition Commission was valid and sufficiently broad to include Power Construction (West Cape) (Pty) Ltd under the category of 'other firms' in the construction industry. The jurisprudence from the Supreme Court of Appeal and Competition Appeal Court confirms that the Commission need not know all parties at the outset and may amend its complaint as further information becomes available. The Tribunal held that the effects of the collusive tendering continued until at least the final payment in February 2009, so the compl…

Source excerpt

• Collusive Tendering
• Cover Pricing
• Jurisdiction Of Tribunal
• Prescription Of Complaints
• Successor Liability
• Characterisation Of Conduct

Competition Commission v Delatoy Investments (Pty) Ltd and Others (CR212Feb15)

Competition Commission v Delatoy Investments (Pty) Ltd and Others (CR212Feb15) [2016] ZACT 37; [2016] 1 CPLR 67 (CT) (14 April 2016)

Court

Competition Tribunal

Case number

CR212Feb15

Judges

Medi Mokuena, Anton Roskam, lmraan Valodia

The Tribunal found that the Delatoy Group, comprising various companies, trusts, and individuals, operated as a single economic entity and thus constituted a 'firm' under the Competition Act. This conclusion was based on evidence of common directors, shareholding, financial flows, and coordinated conduct, including the orchestration of collusive tendering and subsequent asset transfers. The Tribunal rejected the respondents' argument that the statutory definition of 'firm' excluded groups of companies, emphasizing the functional and economic approach adopted in competition law. On prescriptio…

Source excerpt

• Collusive Tendering
• Single Economic Entity
• Prescription Of Complaints
• Piercing Corporate Veil
• Administrative Penalty

Independent Newspapers Pty Ltd and Others v El page; In Re: El Page v East Cape Property Guide and Another (017913)

Independent Newspapers Pty Ltd and Others v El page; In Re: El Page v East Cape Property Guide and Another (017913) [2014] ZACT 40; [2014] 1 CPLR 315 (CT) (31 March 2014)

Court

Competition Tribunal

Case number

017913

Judges

Norman Manoim, Yasmin Carrim, Takalani Madima

The Competition Tribunal dismissed Mr Page’s 2013 complaint referral as prescribed, barred by prior proceedings, and unsupported by a coherent founding affidavit.

• Prescription Of Complaints
• Res Judicata
• Public Interest Dismissal
• Complaint Referral
• Costs Order
• Competition-law