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Citation
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Judgment date
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| November 2023 |
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The Tribunal unconditionally approved four large mergers after finding no competition or public interest concerns.
* Competition law – merger control – unconditional approval where notified transactions do not substantially lessen competition or raise public interest concerns
* Sector-specific considerations – motor vehicle dealerships and premises acquisitions; real-estate development rights; pharmaceutical distribution rights; pension-fund investment in property joint ventures
* Merger assessment – vertical, horizontal and portfolio effects; assessment resulted in no required conditions
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14 November 2023 |
| October 2023 |
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Reported
Review dismissed: Tribunal correctly found crisis-induced market power and excessive pricing; condonation refused.
* Competition law – excessive pricing – s 8(1)(a) and s 8(3) test – application of Consumer Protection Regulations (Reg 4) during national disaster. * Dominance – s 6 turnover threshold distinct from s 7 market-power inquiry; crisis-induced market power can render multiple suppliers dominant. * Procedural – condonation for late review requires full explanation and prospects of success. * Administrative penalty – CAC narrow interference standard absent misdirection or fundamental error.
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13 October 2023 |
| August 2023 |
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Reported
Whether s49C(5) limits the Tribunal to a single six‑month extension and whether that limits access to courts under s34.
* Competition law – interim relief – s49C(5) – interpretation of "a further period"; whether limited to a single six-month extension or permits multiple six-month extensions.
* Constitutional law – right of access to courts (s34) – statutes capable of two meanings must be read in the least restrictive, constitutionally compatible way.
* Jurisdiction – Competition Appeal Court may decide constitutional issues arising under the Competition Act and grant just and equitable relief.
* Remedy – matter remitted to Tribunal; interim interdict to maintain status quo pending Tribunal decision.
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16 August 2023 |
| July 2023 |
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Parallel bank account closures alone do not establish a concerted refusal to deal or abuse of dominance without a pleaded theory of competitive harm.
Competition law – refusal to deal – whether parallel/sequential account closures amount to concerted practice (s 4(1)(a)) – need for pleaded theory of harm; Abuse of dominance (s 8(1)(c) and s 8(1)(d)(ii)) – requirement to show market power and vertical foreclosure or other anticompetitive effect; Interim relief – standard is prima facie case; appealability of interim Tribunal orders – final or irreversible effect and interests of justice; Lis alibi pendens – inapplicable where other forums consider different legal issues.
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17 July 2023 |
| May 2023 |
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Court transfers Part B of Tribunal application to its roll, schedules procedural directions, and makes no costs order.
Competition law — inter-institutional case management — transfer of a part of a Tribunal-launched application to the Competition Appeal Court roll; procedural directions under section 38(2A)(e); timing contingent on Tribunal’s reserved determination; no order as to costs.
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5 May 2023 |
| March 2023 |
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Reported
A review of a Commission referral was stayed until Tribunal discovery completes to prevent circumvention of disclosure rules.
* Competition law – judicial review – stay of review proceedings – inherent power of Competition Appeal Court under s 173 – interests of justice, prospects of success and balance of convenience. * Disclosure and discovery – Tribunal rules govern access to Commission investigatory records; disclosure generally at close of pleadings. * Stay justified to prevent circumvention of Tribunal procedural rules and unfair advantage to a respondent.
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24 March 2023 |