American Natural Soda Ash Corporation and Another v Competition Commission of South Africa (554/2003)
American Natural Soda Ash Corporation and Another v Competition Commission of South Africa (554/2003) [2005] ZASCA 42; [2005] 1 CPLR 1 (SCA); [2005] 3 All SA 1 (SCA); 2005 (6) SA 158 (SCA); 2005 (9) BCLR 862 (SCA) (13 May 2005)
The Supreme Court of Appeal held that its jurisdiction to hear appeals from the Competition Appeal Court is derived from the Constitution and cannot be ousted by the Competition Act. Special leave to appeal is required for such matters, and the test for granting leave includes both reasonable prospects of success and special circumstances. The Act applies to all economic activity having any effect within South Africa, not only adverse effects, and the Tribunal and Commission have jurisdiction accordingly. The Act's complaint procedure allows any person to submit a complaint, and particular da…
Source excerpt
- Exclusive Jurisdiction
- Standing Of Complainant
- Admissibility Of Evidence
- Restrictive Horizontal Practices
- Price Fixing
- Efficiency Defence