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South Africa Case Law

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Competition Law [2011] ZACT 12

Phutuma Networks (Pty) Ltd v Telkom SA Ltd (37/CR/July10)

Phutuma Networks (Pty) Ltd v Telkom SA Ltd (37/CR/July10) [2011] ZACT 12; [2011] 1 CPLR 213 (CT) (2 March 2011)

The Tribunal upheld Telkom’s exception, finding Phutuma had not pleaded a relevant market, dominance, or an exclusionary act under section 8(c).

  • Abuse Of Dominance
  • Exclusionary Act
  • Public Procurement
  • Relevant Market Definition
  • Abuse-of-dominance
  • Exception-application
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Competition Law [2006] ZACT 20

Sanlam Life Insurance Limited and Channel Life Limited (94/LM/Sep05)

Sanlam Life Insurance Limited and Channel Life Limited (94/LM/Sep05) [2006] ZACT 20 (9 March 2006)

The Competition Tribunal approved Sanlam Life’s acquisition of Channel Life unconditionally, finding no substantial lessening of competition or public interest concern.

  • Merger Control
  • Market Share Analysis
  • Public Interest
  • Relevant Market Definition
  • Merger-control
  • Competition-law
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Competition Law [2002] ZACT 62

Edgars Consolidated Stores Limited and Elixir Marketing (Pty) Ltd (70/LM/Sep02)

Edgars Consolidated Stores Limited and Elixir Marketing (Pty) Ltd (70/LM/Sep02) [2002] ZACT 62 (8 November 2002)

The Competition Tribunal approved Edgars’ acquisition of Elixir Marketing without conditions, finding no substantial lessening of competition or public interest concerns.

  • Large Merger Review
  • Relevant Market Definition
  • Vertical Integration
  • Barriers To Entry
  • Large-merger-review
  • Relevant-market-definition
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Competition Law [2002] ZACT 18

Competition Commission v Patensie Sitrus Beherend Beperk; Bezuidenhout and Another v Patensie Sitrus Beherend Beperk

Competition Commission v Patensie Sitrus Beherend Beperk; Bezuidenhout and Another v Patensie Sitrus Beherend Beperk [2002] ZACT 18 (8 April 2002)

The Tribunal found that the respondent, Patensie Sitrus Beherend Beperk, and its farmer-members do not constitute a single economic entity for competition law purposes. The relationship is not analogous to a parent-subsidiary structure, as individual farmers exercise independent control over their farms and hold only minority shares in the respondent. The relevant market was determined to be the provision of packing and marketing services for citrus fruit in the Gamtoos River Valley, not the international market for citrus fruit. The respondent is dominant in this market, packing at least 70%…

  • Abuse Of Dominance
  • Exclusionary Conduct
  • Relevant Market Definition
  • Restraint Of Trade
  • Single Economic Entity
  • Remedies Under Competition Act
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Competition Law [2000] ZACT 6

Fraser Fyfe (Pty) Ltd and Anglo Operations Ltd (10/LM/Feb00)

Fraser Fyfe (Pty) Ltd and Anglo Operations Ltd (10/LM/Feb00) [2000] ZACT 6 (22 March 2000)

The Competition Tribunal approved Fraser Fyfe’s acquisition of Anglo Operations’ Vitro pipe division without conditions, finding little product overlap and no public-interest concerns.

  • Merger Clearance
  • Relevant Market Definition
  • Public Interest Considerations
  • Merger-clearance
  • Relevant-market-definition
  • Public-interest-considerations
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Competition Law [2000] ZACT 4

Imperial Holdings Ltd and Safair (Pty) Ltd (08/LM/Jan00)

Imperial Holdings Ltd and Safair (Pty) Ltd (08/LM/Jan00) [2000] ZACT 4 (28 February 2000)

The Competition Tribunal approved Imperial Holdings’ acquisition of Safair without conditions, finding no product overlap and no public interest concerns.

  • Merger Review
  • Conglomerate Merger
  • Public Interest Considerations
  • Relevant Market Definition
  • Merger-review
  • Conglomerate-merger
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Competition Law [1999] ZACT 3

Quadrant Container Lines Limited and Tiger Foods Industries Limited (11/LM/Nov99)

Quadrant Container Lines Limited and Tiger Foods Industries Limited (11/LM/Nov99) [1999] ZACT 3 (4 November 1999)

The Competition Tribunal approved without conditions Quadrant’s merger with Tiger Foods, finding no substantial lessening of competition and no relevant public interest concerns.

  • Merger Clearance
  • Relevant Market Definition
  • Public Interest Considerations
  • Market Power
  • Barriers To Entry
  • Merger-clearance
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