South Africa Case Law

Competition Commission v Pistorius N.O and Others (CR152Dec14/SA156Dec23; 2009DEC4847 CT)

Competition Commission v Pistorius N.O and Others (CR152Dec14/SA156Dec23; 2009DEC4847 CT) [2024] ZACT 7 (13 February 2024)

Court

Competition Tribunal

Case number

CR152Dec14/SA156Dec23

Judges

L Mncube, T Vilakazi, A Ndoni

The Competition Tribunal confirmed a settlement resolving allegations of commission-rate fixing involving the Pistorius trust trustees and the Competition Commission.

• Price Fixing
• Commission Rate Fixing
• Settlement Agreement
• Section 4 1 B Competition Act
• Corporate Leniency Policy
• Competition-law

Replication Technology Group (Pty) Ltd v Gallo Africa Limited (92/IR/Sep07)

Replication Technology Group (Pty) Ltd v Gallo Africa Limited (92/IR/Sep07) [2007] ZACT 99; [2008] 1 CPLR 77 (CT) (10 December 2007)

Court

Competition Tribunal

Case number

92/IR/Sep07

Judges

D Lewis, M Moerane, M Madlanga

The Tribunal found that clause 13 of the Sale Agreement is a restraint of trade commonly associated with the sale of a business and is limited in both duration and scope. The restraint does not exclude RTG from the market entirely and is commercially justified to protect the purchaser's investment and goodwill. The Tribunal distinguished the present case from Nedschroef, noting that the restraint here is not a hard-core market division but a standard commercial term. The evidence presented by RTG was found to be unreliable and tainted by dishonesty. The Tribunal concluded that there is no evi…

Source excerpt

• Restraint Of Trade
• Market Division
• Section 4 1 B Competition Act
• Interim Relief
• Customer Allocation