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South Africa Case Law

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Competition Law [2024] ZACT 6

Competition Commission v Pistorius N.O. and Others (CR150Oct13/SA 155Dec23)

Competition Commission v Pistorius N.O. and Others (CR150Oct13/SA 155Dec23) [2024] ZACT 6 (13 February 2024)

The Competition Tribunal confirmed a settlement resolving allegations that H Pistorius & Co imposed minimum resale prices for agricultural lime, with payments and compliance undertakings ordered.

  • Resale Price Maintenance
  • Vertical Restrictions
  • Settlement Agreement
  • Section 5 2 Competition Act
  • Compliance Programme
  • Competition-law
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Competition Law [2016] ZACT 114

Competition Commission v Premium Brand Distributors (Pty) Ltd (CR210Mar14/SA156Nov16)

Competition Commission v Premium Brand Distributors (Pty) Ltd (CR210Mar14/SA156Nov16) [2016] ZACT 114; [2016] 2 CPLR 663 (CT) (7 December 2016)

The Competition Tribunal confirmed a settlement between the Commission and Premium Brand Distributors, imposing a R300,500 penalty and compliance undertakings.

  • Vertical Agreements
  • Resale Price Maintenance
  • Administrative Penalty
  • Section 5 2 Contravention
  • Competition-law
  • Resale-price-maintenance
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Competition Law [2010] ZACT 21

Competition Commission v BMW South Africa (Pty) Ltd t/a BMW Motorrad (97/CR/Sep08)

Competition Commission v BMW South Africa (Pty) Ltd t/a BMW Motorrad (97/CR/Sep08) [2010] ZACT 21; [2010] 1 CPLR 64 (CT) (17 March 2010)

The Tribunal confirmed a settlement in a Competition Commission complaint against BMW Motorrad concerning alleged resale price maintenance and dealer discount restrictions.

  • Resale Price Maintenance
  • Vertical Restrictions
  • Abuse Of Dominance
  • Dealer Agreements
  • Resale-price-maintenance
  • Vertical-restrictions
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Competition Law [2003] ZACT 43

Competition Commission of South Africa v Federal Mogul Aftermarket Southern Africa (Pty) Ltd and Others (08/CR/Mar01)

Competition Commission of South Africa v Federal Mogul Aftermarket Southern Africa (Pty) Ltd and Others (08/CR/Mar01) [2003] ZACT 43 (21 August 2003)

The Tribunal upheld section 59 administrative penalties, rejected constitutional challenges, and imposed a R3 million penalty for resale price maintenance.

  • Administrative Penalty
  • Resale Price Maintenance
  • Vertical Price Fixing
  • Constitutional Challenge
  • Section 59 Competition Act
  • Independence Of Tribunal
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Competition Law [2003] ZACT 5

Competition Commission and Federal Mogul Aftermarket Southern Africa (Pty) Ltd Others (08/CR/Feb01)

Competition Commission and Federal Mogul Aftermarket Southern Africa (Pty) Ltd Others (08/CR/Feb01) [2003] ZACT 5 (28 January 2003)

The Competition Tribunal found that Federal Mogul reduced a wholesaler’s rebate to enforce a pricing convention, constituting minimum resale price maintenance under section 5(2).

  • Resale Price Maintenance
  • Vertical Restrictive Practices
  • Section 5 2 Competition Act
  • Rebate Structures
  • Sanctions For Non Compliance
  • Resale-price-maintenance
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