South Africa Case Law

Competition Commission v Premium Brand Distributors (Pty) Ltd (CR210Mar14/SA156Nov16)

Competition Commission v Premium Brand Distributors (Pty) Ltd (CR210Mar14/SA156Nov16) [2016] ZACT 114; [2016] 2 CPLR 663 (CT) (7 December 2016)

Court

Competition Tribunal

Case number

CR210Mar14/SA156Nov16

Judges

M Mazwai, A Ndoni, I Valodia

The Competition Tribunal confirmed a settlement between the Commission and Premium Brand Distributors, imposing a R300,500 penalty and compliance undertakings.

• Vertical Agreements
• Resale Price Maintenance
• Administrative Penalty
• Section 5 2 Contravention
• Competition-law
• Resale-price-maintenance

Competition Commission v African Oxygen Limited (019976)

Competition Commission v African Oxygen Limited (019976) [2015] ZACT 38; [2015] 1 CPLR 143 (CT) (22 April 2015)

Court

Competition Tribunal

Case number

019976

Judges

N Manoim, Y Carrim, A Wessels

The Competition Tribunal confirmed a consent agreement between the Competition Commission and African Oxygen Limited over anti-competitive CO2 supply restraints.

• Market Division
• Vertical Agreements
• Administrative Penalty
• Input Foreclosure
• Consent Order
• Competition-law

Invensys PLC and Others v Protea Automaton Solutions (Pty) Limited, In Re: Protea Automaton Solutions (Pty) Limited v Invensys PLC and Others (019315)

Invensys PLC and Others v Protea Automaton Solutions (Pty) Limited, In Re: Protea Automaton Solutions (Pty) Limited v Invensys PLC and Others (019315) [2015] ZACT 19 (12 March 2015)

Court

Competition Tribunal

Case number

019315

Judges

Yasmin Carrim, Andiswa Ndoni, Fiona Tregenna

The Tribunal dismissed Protea’s complaint referral because the supplementary affidavit failed to clarify the case and introduced conduct not referred to the Commission.

• Complaint Referral
• Market Allocation
• Vertical Agreements
• Dominance
• Exception Application
• Competition-law

Altech Netstar (Pty) Ltd v Lekoa Fitment Centre, In Re: Lekoa Fitment Centre v Altech Netstar (Pty) Ltd (019331)

Altech Netstar (Pty) Ltd v Lekoa Fitment Centre, In Re: Lekoa Fitment Centre v Altech Netstar (Pty) Ltd (019331) [2014] ZACT 80 (20 November 2014)

Court

Competition Tribunal

Case number

019331

Judges

Yasmin Carrim, Norman Manoim, Medi Mokuena

The Tribunal upheld an exception against a complaint referral that failed to plead a valid competition-law cause of action and dismissed the referral.

• Vertical Agreements
• Abuse Of Dominance
• Price Discrimination
• Restraint Of Trade
• Exception Application
• Complaint Referral

Absa Bank Ltd v Bytes Technology Group South Africa Pty Ltd ("Bytes") in relation to certain automated teller machines and their related sites owned by Bytes (018945)

Absa Bank Ltd v Bytes Technology Group South Africa Pty Ltd ("Bytes") in relation to certain automated teller machines and their related sites owned by Bytes (018945) [2014] ZACT 53; [2015] 1 CPLR 225 (CT) (26 August 2014)

Court

Competition Tribunal

Case number

018945

Judges

Takalani Madima, Anton Roskam, Fiona Tregenna

The Competition Tribunal approved ABSA’s purchase of 913 ATM sites from Bytes unconditionally, finding no substantial lessening of competition and no public interest concerns.

• Merger Control
• Restraint Of Trade
• Vertical Agreements
• Exclusivity Clauses
• Merger-control
• Restraint-of-trade

Astral Operations Ltd and Others v Competition Commission, In re: Competition Commission v Astral Operations Ltd and Others (74/CR/Jun08)

Astral Operations Ltd and Others v Competition Commission, In re: Competition Commission v Astral Operations Ltd and Others (74/CR/Jun08) [2011] ZACT 83 (20 October 2011)

Court

Competition Tribunal

Case number

74/CR/Jun08

Judges

Norman Manoim, Yasmin Carrim, Andreas Wessels

The Tribunal held that most of the Commission’s referral was properly based on the complaint, but dismissed the referral as against Ross Poultry Breeders.

• Complaint Initiation
• Referral Jurisdiction
• Restrictive Practices
• Abuse Of Dominance
• Vertical Agreements
• Horizontal Agreements

Competition Commission and Another v South African Breweries and Others (134/CR/DEC07)

Competition Commission and Another v South African Breweries and Others (134/CR/DEC07) [2010] ZACT 45 (9 July 2010)

Court

Competition Tribunal

Case number

134/CR/DEC07

Judges

Norman Manoim, Yasmin Carrim, Merle Holden

The Tribunal granted SAB and its distributors’ separation application, ordering the wholesale distribution complaints to proceed separately from the section 8 abuse complaint.

• Separation Of Issues
• Vertical Agreements
• Concerted Practices
• Minimum Resale Price Maintenance
• Price Discrimination
• Abuse Of Dominance

Growthpoint Management Services (Propietary) Ltd and Fund Management Business; Property Administrators Business; and Buildmain Managers (Pty) Ltd (70/LM/Jul07)

Growthpoint Management Services (Propietary) Ltd and Fund Management Business; Property Administrators Business; and Buildmain Managers (Pty) Ltd (70/LM/Jul07) [2007] ZACT 90; [2008] 1 CPLR 105 (CT) (13 November 2007)

Court

Competition Tribunal

Case number

70/LM/Jul07

Judges

U Bhoola, Y Carrim, M Holden

The Tribunal conditionally approved the merger after striking anti-competitive restraint and renewal clauses from related agreements.

• Merger Control
• Market Division
• Restraint Of Trade
• Vertical Agreements
• Merger-control
• Market-division

Mandla-Matla Publishing (Pty) Ltd and Independent Newspapers (Pty) Ltd (48/CR/Jun04)

Mandla-Matla Publishing (Pty) Ltd and Independent Newspapers (Pty) Ltd (48/CR/Jun04) [2006] ZACT 84; [2006] 2 CPLR 499 (CT) (6 November 2006)

Court

Competition Tribunal

Case number

48/CR/Jun04

Judges

D H Lewis, Y Carrim, M Madlanga

The Tribunal found that Mandla-Matla failed to establish that the exclusivity clauses and refusal to provide distribution information by Independent Newspapers resulted in a substantial prevention or lessening of competition or anti-competitive effect as required by sections 5(1), 8(c), and 8(d)(i) of the Competition Act. Evidence showed that Mandla-Matla and its new distributor, Natal Witness, were able to set up alternative distribution networks within a short period, indicating low barriers to entry and minimal market foreclosure. The rapid expansion of the isiZulu newspaper market followi…

Source excerpt

• Exclusive Dealing
• Abuse Of Dominance
• Vertical Agreements
• Anti-competitive Effect
• Essential Facility
• Market Foreclosure

Nuco Chrome (Pty) Ltd and Xstrata Rand York Minerals (Pty) Ltd (31/IR/Apr04)

Nuco Chrome (Pty) Ltd and Xstrata Rand York Minerals (Pty) Ltd (31/IR/Apr04) [2004] ZACT 51; [2004] 2 CPLR 341 (CT) (18 August 2004)

Court

Competition Tribunal

Case number

31/IR/Apr04

Judges

D.H. Lewis, N.M. Manoim, L.P. Reyburn

The Tribunal dismissed Nuco Chrome’s interim-relief application, finding insufficient evidence of a prohibited agreement, dominance, or anti-competitive effect in the chrome sand market.

• Vertical Agreements
• Refusal To Supply
• Abuse Of Dominance
• Price Discrimination
• Interim Relief
• Market Definition