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South Africa decisions
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Grant v Schoemansville Oewer Klub (IR202DEC15) [2016] ZACT 51; [2017] 1 CPLR 190 (CT) (11 July 2016)
The Tribunal dismissed an interim relief application as moot after the club restored access for the applicant’s boat business, and ordered costs against the club.
Altech Netstar (Pty) Ltd v Lekoa Fitment Centre, In Re: Lekoa Fitment Centre v Altech Netstar (Pty) Ltd (019331) [2014] ZACT 80 (20 November 2014)
The Tribunal upheld an exception against a complaint referral that failed to plead a valid competition-law cause of action and dismissed the referral.
Normandien Farms (Pty) Ltd v Komatiland Forests (Pty) Ltd (018507) [2014] ZACT 31; [2014] 1 CPLR 328 (CT) (4 June 2014)
The Tribunal dismissed an interim relief application alleging excessive pricing, exclusionary conduct, price discrimination, and contractual variation.
Sasol Chemical Industries Ltd v Omnia (Pty) Ltd; In Re: Omnia (Pty) Ltd v Sasol Chemical Industries Ltd (38/CR/Apr2 (016907), 016907) [2013] ZACT 115; [2013] 2 CPLR 578 (CT) (18 December 2013)
The Competition Tribunal refused Sasol’s bid to separate a legal issue about ammonia pricing under a long-term contract, finding disputed facts and overlapping evidence made separation inconvenient.
Astral Operations Ltd v Nambitha Distributors (Pty) Ltd; Astral Operations Ltd v O'Farrell N.O and Others (689/2013; 13794/2011) [2013] ZAKZDHC 57; [2013] 4 All SA 598 (KZD) (15 October 2013)
High Court held a counterclaim seeking referral of competition issues and voiding of contractual clauses did not disclose a cause of action; exception upheld.
South African Breweries and Others v Competition Commision (134/CR/DEC07) [2011] ZACT 73; [2011] 2 CPLR 403 (CT) (16 September 2011)
The Tribunal dismissed a competition referral, holding it was not founded on the original complaint and therefore fell outside its jurisdiction.
Competition Commission v Telkom SA Ltd (11/CR/Febr04) [2011] ZACT 39; [2011] 1 CPLR 196 (CT) (23 June 2011)
The Tribunal dismissed the Commission’s attempted amendments on section 8(c) and excessive pricing, but allowed clarification of VANS-related pleadings and the complaint period.
Competition Commission v South African Breweries Ltd and Others (134/CR/DEC07) [2010] ZACT 65; [2010] 2 CPLR 401 (CT) (15 October 2010)
The Competition Tribunal ordered limited production of Metcash documents relevant to a price-discrimination dispute, while refusing broader and more intrusive requests.
Competition Commission South Africa v Sasol Chemical Industries Ltd, In re: Competition Commission South Africa v Sasol Chemical Industries Ltd and Others (45/CR/May06, 31/CR/May05) [2010] ZACT 48; [2010] 2 CPLR 231 (CT) (20 July 2010)
The Tribunal confirmed the settlement agreement between the Competition Commission and Sasol Chemical Industries Ltd, finding that the agreement, which contains no admission of liability and requires no finding by the Tribunal, does not constitute completed proceedings under section 67(2) of the Competition Act. Therefore, third parties such as Omnia are not precluded from bringing future complaints or civil claims against Sasol for substantially the same conduct. The Tribunal held that it is not competent to require the parties to insert additional clauses into the agreement or to impose suc…
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Competition Commission and Another v South African Breweries and Others (134/CR/DEC07) [2010] ZACT 45 (9 July 2010)
The Tribunal granted SAB and its distributors’ separation application, ordering the wholesale distribution complaints to proceed separately from the section 8 abuse complaint.
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