South Africa Case Law

Senwes Ltd v Competition Commission of South Africa (118/2010)

Senwes Ltd v Competition Commission of South Africa (118/2010) [2011] ZASCA 99; [2011] 1 CPLR 1 (SCA) (1 June 2011)

Court

Supreme Court of Appeal

Case number

118/2010

Judges

Mpati, Brand, Lewis, Bosielo, Seriti

The Supreme Court of Appeal held that the Competition Tribunal and the Competition Appeal Court erred in finding Senwes guilty of margin squeeze under s 8(c) of the Competition Act when such conduct was not covered by the referral. The referral focused on differential tariffs between farmers and traders, not on discrimination between Senwes' trading arm and other traders. The Tribunal, as a statutory body, is limited to adjudicating matters referred to it and may not expand its inquiry beyond the referral, except by amendment or agreement. Evidence and findings relating to margin squeeze were…

Source excerpt

• Margin Squeeze
• Exclusionary Conduct
• Dominant Firm
• Competition Tribunal Procedure
• Referral Scope