South Africa Case Law

Netcare Hospital Group (Proprietary) Limited and Another v Manoim NO and Others (CAC 75/CAC/Apr08)

Netcare Hospital Group (Proprietary) Limited and Another v Manoim NO and Others (CAC 75/CAC/Apr08) [2008] ZACAC 1 (27 October 2008)

Court

Competition Appeal Court

Case number

CAC 75/CAC/Apr08

Judges

Levinsohn, Davis, Patel

The Competition Appeal Court reviewed and set aside the Tribunal’s refusal to confirm a consent order, holding that procedural fairness had been breached.

• Consent Order
• Prior Implementation Of Merger
• Administrative Penalty
• Procedural Fairness
• Price Fixing
• Section 49d Competition Act

American Natural Soda Ash Corporation and Another v Competition Commission of South Africa (49/CR/Apr00)

American Natural Soda Ash Corporation and Another v Competition Commission of South Africa (49/CR/Apr00) [2008] ZACT 64; [2008] 2 CPLR 207 (CT) (13 August 2008)

Court

Competition Tribunal

Case number

49/CR/Apr00

Judges

Y Carrim, M T K Moerane, M R Madlanga

The Tribunal lacks jurisdiction to confirm a consent order under section 49D of the Competition Act where the Commission has already referred the complaint to the Tribunal and does not support the proposed order. The statutory scheme requires both agreement and proposal to the Tribunal by the Commission and the respondent at the time the order is sought. The absence of consent and the Commission's opposition render the application incompetent. The GlaxoSmithKline precedent is binding and precludes confirmation of a consent order agreement after referral. Section 49D is designed for speedy, un…

Source excerpt

• Consent Order
• Section 49d Competition Act
• Cartel Conduct
• Jurisdiction Of Tribunal