South Africa Case Law

Astral Operations Ltd v Nambitha Distributors (Pty) Ltd; Astral Operations Ltd v O'Farrell N.O and Others (689/2013; 13794/2011)

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)

Court

Kwazulu-Natal High Court, Durban

Case number

689/2013; 13794/2011

Judge

Gorven

High Court held a counterclaim seeking referral of competition issues and voiding of contractual clauses did not disclose a cause of action; exception upheld.

• Prohibited Practices
• Competition Tribunal Referral
• Contractual Clauses Voiding
• Restrictive Practices
• Abuse Of Dominance
• Price Discrimination

Gas2Liquids (Pty) Ltd v Competition Commission and Others (13607)

Gas2Liquids (Pty) Ltd v Competition Commission and Others (13607) [2013] ZACT 3; [2013] 1 CPLR 330 (CT) (23 January 2013)

Court

Competition Tribunal

Case number

013607

Judges

N Manoim, Y Carrim, L Reyburn

The Competition Tribunal dismissed Gas2Liquids’ appeal against a petroleum industry exemption granted to SAPIA and members under section 10 of the Competition Act.

• Exemption Application
• Information Sharing
• Access To Infrastructure
• Economic Stability
• Restrictive Practices
• Competition-law

Astral Operations Ltd and Others v Competition Commission, In re: Competition Commission v Astral Operations Ltd and Others (74/CR/Jun08)

Astral Operations Ltd and Others v Competition Commission, In re: Competition Commission v Astral Operations Ltd and Others (74/CR/Jun08) [2011] ZACT 83 (20 October 2011)

Court

Competition Tribunal

Case number

74/CR/Jun08

Judges

Norman Manoim, Yasmin Carrim, Andreas Wessels

The Tribunal held that most of the Commission’s referral was properly based on the complaint, but dismissed the referral as against Ross Poultry Breeders.

• Complaint Initiation
• Referral Jurisdiction
• Restrictive Practices
• Abuse Of Dominance
• Vertical Agreements
• Horizontal Agreements

South African Raisins (Pty) Ltd and Another and SAD Holdings Ltd and Another

South African Raisins (Pty) Ltd and Another and SAD Holdings Ltd and Another [2000] ZACT 46 (24 November 2000)

Court

Competition Tribunal

Case number

04/IR/Oct/1999

Judges

D. H. Lewis, C. Qunta, F.C.v N. Fourie

The Competition Tribunal granted interim relief against SAD Holdings, finding sufficient evidence of exclusionary conduct under section 8(d)(i) of the Competition Act.

• Abuse Of Dominance
• Exclusionary Conduct
• Essential Facility
• Interim Relief
• Restrictive Practices
• Competition-law

JJP Bezuidenhout Patensie and Sitrus Beherend Limited (66/IR/May00)

JJP Bezuidenhout Patensie and Sitrus Beherend Limited (66/IR/May00) [2000] ZACT 32 (19 July 2000)

Court

Competition Tribunal

Case number

66/IR/May00

Judges

D.H. Lewis, D.R. Terblanche, P.E. Maponya

The Tribunal found that the respondent's articles of association created an exclusive supply arrangement that substantially prevented or lessened competition in the market for citrus packing and distribution in the Gamtoos River Valley. The respondent was dominant, controlling over 50% of the market, and its practices amounted to abuse of dominance by requiring exclusivity from suppliers. The Tribunal dismissed all points in limine raised by the respondent, including jurisdictional challenges, alleged conflict with the High Court order, and non-joinder. The requirements for interim relief und…

Source excerpt

• Exclusive Supply Agreements
• Abuse Of Dominance
• Vertical Relationships
• Market Definition
• Interim Relief
• Restrictive Practices

Cancun Trading No 24 CC and Others and Seven-Eleven Corp SA (Pty) Ltd (Dissenting) (18/IR/Dec99)

Cancun Trading No 24 CC and Others and Seven-Eleven Corp SA (Pty) Ltd (Dissenting) (18/IR/Dec99) [2000] ZACT 11 (12 April 2000)

Court

Competition Tribunal

Case number

18/IR/Dec99

Judge

C. Qunta

Dissenting decision refusing interim relief in a Competition Act franchise dispute over alleged minimum resale price maintenance and section 59 requirements.

• Minimum Resale Price Maintenance
• Interim Relief
• Restrictive Practices
• Franchise Agreements
• Balance Of Convenience
• Competition-law

SA Metal & Machinery Co (Pty) Ltd v Cape Town Iron & Steel Works (Pty) Ltd and Others (70/95)

SA Metal & Machinery Co (Pty) Ltd v Cape Town Iron & Steel Works (Pty) Ltd and Others (70/95) [1996] ZASCA 111; 1997 (1) SA 319 (SCA); [1996] 4 All SA 607 (A); (26 September 1996)

Court

Supreme Court of Appeal

Case number

70/95

Judges

Hefer, Vivier, Eksteen, Howie, Scott

The court held that a scrap-metal supply contract between horizontal suppliers was unlawful price collusion and collusion on supply terms, so the appeal failed.

• Horizontal Price Collusion
• Horizontal Collusion On Conditions Of Supply
• Restrictive Practices
• Maintenance And Promotion Of Competition Act
• Contract Enforceability
• Competition-law