Competition Law

An aggrieved party affected by a decision – where to go if you intend to review a decision by the Competition Commission?

On 27 October 2022 the Constitutional Court (CC) in Competition Commission of South Africa v Group Five Construction Ltd 2023 (1) BCLR 1 (CC), handed down judgment to answer the […]

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Remove, withdraw or postpone? The principle of double jeopardy in competition law

In the case of Competition Commission of South Africa v Beefcor (Pty) Ltd and Another [2020] 2 CPLR 507 (CAC), the Competition Appeal Court of South Africa (CAC) considered the […]

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An absolute or flexible restriction: Can prohibited practices be prosecuted three years after the practice ceased?

Competition Commission of South Africa v Pickfords Removals SA (Pty) Limited 2020 (10) BCLR 1204 (CC) On 24 June 2020 the Constitutional Court (CC) handed down a landmark judgment in […]

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When does the Constitutional Court have jurisdiction to hear competition law appeals?

The recent decision in Competition Commission of South Africa v Media 24 (Pty) Ltd 2019 (5) SA 598 (CC) exposed the Constitutional Court’s (CC’s) disparate views on the right of […]

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Not all restraints of trade fall foul of the Competition Act

Dawn Consolidated Holdings (Pty) Ltd and Others v Competition Commission (CAC) (unreported case no 155/CACOct2017, 4-5-2018) (Rogers JA) (Davis JP and Boqwana JA concurring) By Unathi Jukuda Restraints of trade […]

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Flying into new heights – damages claims arising from contraventions of the Competition Act

By Malcolm Ratz The Competition Tribunal and Competition Appeal Court have exclusive jurisdiction to adjudicate whether conduct is in contravention of the provisions of the Competition Act 89 of 1998. […]

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Fighting over breadcrumbs – cartels and the Competition Act 89 of 1998

By Decide Makhubele In South Africa there is an increase in cartel activities that are forbidden by s 4(1)(b) of the Competition Act 89 of 1998. This article discusses the […]

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