South Africa Case Law

Competition Commission of South Africa v Standard Chartered Bank (CR212Feb17; SA128Nov23)

Competition Commission of South Africa v Standard Chartered Bank (CR212Feb17; SA128Nov23) [2023] ZACT 68; [2024] 1 CPLR 11 (CT) (15 November 2023)

Court

Competition Tribunal

Case number

CR212Feb17; SA128Nov23

Judges

L Mncube, I Valodia, A Ndoni

The Competition Tribunal confirmed a settlement in which Standard Chartered Bank admitted price fixing and market allocation in the ZAR foreign exchange market.

• Price Fixing
• Market Allocation
• Administrative Penalty
• Settlement Agreement
• Section 4 Competition Act
• Competition-law

Competition Commission of South Africa v Robert Bosch GMBH; Bosch Electrical Drives Co Ltd (CO161Jan22)

Competition Commission of South Africa v Robert Bosch GMBH; Bosch Electrical Drives Co Ltd (CO161Jan22) [2022] ZACT 47; [2022] 1 CPLR 6 (CT) (28 January 2022)

Court

Competition Tribunal

Case number

CO161Jan22

Judges

AW Wessels, E Daniels, L Mncube

The Competition Tribunal confirmed a consent agreement ending cartel allegations against Robert Bosch and Bosch Electrical Drives, imposed a R2,401,923 penalty, and required compliance undertakings.

• Collusive Tendering
• Price Fixing
• Division Of Markets
• Administrative Penalty
• Section 4 Competition Act
• Collusive-tendering

Competition Commission of South Africa v NPC-Cimpor (Pty) Limited and Others (178/CAC/DEC19)

Competition Commission of South Africa v NPC-Cimpor (Pty) Limited and Others (178/CAC/DEC19) [2020] ZACAC 8 (7 August 2020)

Court

Competition Appeal Court

Case number

178/CAC/DEC19

Judges

Davis JP, Siwendu, Fisher AJJA

The Competition Appeal Court dismissed the Commission’s appeal, finding insufficient proof that NPC-Cimpor joined or continued a cartel under section 4(1)(b).

• Cartel Conduct
• Market Allocation
• Information Exchange
• Burden Of Proof
• Section 4 Competition Act
• Competition-law

Competition Commission v Primedia Limited and Another (CR191Mar12)

Competition Commission v Primedia Limited and Another (CR191Mar12) [2018] ZACT 11; [2018] 1 CPLR 144 (CT) (5 February 2018)

Court

Competition Tribunal

Case number

CR191Mar12

Judges

Anton Roskam, lmraan Valodia, Enver Daniels

The Tribunal found that the settlement agreement between Ster-Kinekor and Nu Metro was concluded before the Competition Act came into operation. For a contravention of section 4(1)(b)(ii) to be established, there must be evidence of actions or discussions directed at implementing the agreement after the Act commenced. The evidence did not support the Commission's contention that the settlement agreement was implemented post-commencement. Witnesses from Ster-Kinekor credibly testified that they were unaware of the agreement and did not act in accordance with it, and the only attempt to enforce…

Source excerpt

• Market Allocation
• Horizontal Agreements
• Section 4 Competition Act
• Corporate Leniency Policy
• Successor Liability

Competition Commission v Today's Destiny Trading and Project 81 CC and Another (CR079Aug16/SA167Nov16)

Competition Commission v Today's Destiny Trading and Project 81 CC and Another (CR079Aug16/SA167Nov16) [2016] ZACT 113; [2016] 2 CPLR 669 (CT); [2016] 2 CPLR 685 (CT) (30 November 2016)

Court

Competition Tribunal

Case number

CR079Aug16/SA167Nov16

Judges

N Manoim, A Wessels, M Mokuena

The Competition Tribunal confirmed a settlement over collusive tendering in a Geoscience security-services tender and imposed a R1,593,820 penalty on Raite.

• Collusive Tendering
• Cartel Conduct
• Administrative Penalty
• Section 4 Competition Act
• Collusive-tendering
• Cartel-conduct

Competition Commission v BLG Leads Logistics of South Africa (Pty) Ltd (C0026May15)

Competition Commission v BLG Leads Logistics of South Africa (Pty) Ltd (C0026May15) [2015] ZACT 131; [2015] 2 CPLR 515 (CT) (31 August 2015)

Court

Competition Tribunal

Case number

C0026May15

Judges

A Wessels, A Roskam, A Ndoni

The Competition Tribunal confirmed a consent agreement in which BLG admitted a section 4(1)(b)(ii) Competition Act contravention and agreed to pay a penalty and amend its joint venture terms.

• Market Division
• Collusion
• Administrative Penalty
• Joint Venture Agreement
• Section 4 Competition Act
• Competition-law

Competition Commission v Pedal-On-Marketing CC t/a Maverick Cycles (CR049Jul12/SA208Feb15 (020792))

Competition Commission v Pedal-On-Marketing CC t/a Maverick Cycles (CR049Jul12/SA208Feb15 (020792)) [2015] ZACT 42; [2015] 1 CPLR 184 (CT) (29 April 2015)

Court

Competition Tribunal

Case number

CR049Jul12/SA208Feb15 (020792)

Judges

A Roskam, I Valodia, A Ndoni

The Competition Tribunal confirmed a consent agreement in which Maverick Cycles admitted cartel conduct and undertook cooperation, compliance training, and future restraint.

• Price Fixing
• Cartel Conduct
• Section 4 Competition Act
• Settlement Agreement
• Future Conduct Undertakings
• Competition-law

Competition Commission v Mailot Jaune Trading (Pty) Ltd (CR049Jul12/SA115Nov14 (019869))

Competition Commission v Mailot Jaune Trading (Pty) Ltd (CR049Jul12/SA115Nov14 (019869)) [2015] ZACT 44; [2015] 1 CPLR 174 (CT) (29 April 2015)

Court

Competition Tribunal

Case number

CR049Jul12/SA115Nov14 (019869)

Judges

A Roskam, I Valodia, A Ndoni

The Tribunal confirmed a settlement agreement concluding proceedings against Mailot Jaune Trading (Pty) Ltd for alleged cartel conduct in the cycling sector.

• Price Fixing
• Cartel Conduct
• Consent Agreement
• Section 4 Competition Act
• Competition-law
• Price-fixing

Competition Commission v Tridirect SA (Pty) Ltd t/a Bicicletta (019471)

Competition Commission v Tridirect SA (Pty) Ltd t/a Bicicletta (019471) [2014] ZACT 81 (15 October 2014)

Court

Competition Tribunal

Case number

019471

Judges

Y Carrim, A Roskam, A Ndoni

The Competition Tribunal confirmed a settlement agreement in a price-fixing matter involving Bicicletta, concluding the proceedings between it and the Commission.

• Price Fixing
• Cartel Conduct
• Settlement Agreement
• Section 4 Competition Act
• Competition-law
• Price-fixing

Cape Gate (Pty) Ltd v Competition Commission; In Re: Competition Commission v Arcelormittal (Pty) Ltd and Others (018259)

Cape Gate (Pty) Ltd v Competition Commission; In Re: Competition Commission v Arcelormittal (Pty) Ltd and Others (018259) [2014] ZACT 4 (25 July 2014)

Court

Competition Tribunal

Case number

018259

Judges

Takalani Madima, Fiona Tregenna, Anton Roskam

The Competition Tribunal dismissed Cape Gate’s exception to a referral alleging buyer-cartel conduct and price-fixing under section 4(1)(b)(i) of the Competition Act.

• Horizontal Agreements
• Price Fixing
• Buyer Cartel
• Exception Application
• Section 4 Competition Act
• Competition-law