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South Africa Case Law

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Competition Law [2011] ZACAC 6

Southern Pipeline Contractors and Another v Competition Commission (105/CAC/Dec10, 106/CAC/Dec10)

Southern Pipeline Contractors and Another v Competition Commission (105/CAC/Dec10, 106/CAC/Dec10) [2011] ZACAC 6; [2011] 2 CPLR 239 (CAC) (1 August 2011)

The Competition Appeal Court held that penalties under section 59 of the Competition Act require a structured inquiry into affected turnover and proportionality before applying the statutory cap.

  • Administrative Penalty
  • Cartel Conduct
  • Affected Turnover
  • Proportionality
  • Section 59 Competition Act
  • Mitigating Factors
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Competition Law [2003] ZACAC 9

Federal-Mogul Aftermarket Southern Africa (Pty) Ltd v Competition Commission (33/CAC/Sep03)

Federal-Mogul Aftermarket Southern Africa (Pty) Ltd v Competition Commission (33/CAC/Sep03) [2003] ZACAC 9; [2004] 1 CPLR 25 (CAC) (3 December 2003)

The Competition Appeal Court postponed the appeal because the Minister of Trade & Industry had not been joined in constitutional challenges to section 59 of the Competition Act.

  • Administrative Penalty
  • Retail Price Maintenance
  • Joinder Of Minister
  • Constitutional Invalidity
  • Section 5 2 Competition Act
  • Section 59 Competition Act
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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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