|
Citation
|
Judgment date
|
| December 2023 |
|
|
|
19 December 2023 |
|
Applicant granted limited leave to intervene to challenge adequacy of the Commission’s local procurement remedy and access confidential report.
Competition law – merger proceedings – intervention under s53(1)(c)(v) – limited participation to assess adequacy of proposed local procurement remedy – confidential access subject to undertakings – procedural rights to submit written and oral submissions and to apply to call witnesses.
|
6 December 2023 |
| November 2023 |
|
|
Reported
Vertical merger raised input-foreclosure risk in domestic air freight; approved subject to five-year non-foreclosure behavioural conditions.
Competition — Vertical merger — Input and customer foreclosure — Sole provider of overnight full freighter services acquiring a consolidator — Differentiation between overnight freighter and daytime belly cargo — Behavioural remedies (non-discrimination, no tying) as mitigation — Public interest: employment and HDP ownership dilution.
|
1 November 2023 |
| September 2023 |
|
|
The Tribunal approved the merger subject to conditions requiring HDP-focused training, empowerment and supplier-development measures.
Merger control — approval under section 16(2)(b) — behavioural conditions imposed to advance HDP empowerment — obligations: training spend, entrepreneurial ownership programme, supplier development, monitoring and enforcement.
|
7 September 2023 |
| August 2023 |
|
|
Reported
Tribunal conditionally approves merger, imposing information‑sharing and South Africa activity limits to allay competition concerns.
Competition law – merger: undisclosed domestic activities of a foreign joint venture; vertical overlap – upstream underwriting vs downstream distribution (aYo SA); input/customer foreclosure assessment; behavioural remedies – board appointment restrictions and confidentiality undertakings; public interest – employment and ownership considered.
|
17 August 2023 |
|
Reported
Tribunal approved acquisition, finding no competition harm and imposing ESOP conditions to increase HDP ownership.
Competition law – Merger approval – No horizontal or vertical overlaps – Public interest assessment – Employment impact – Spread of ownership – ESOP condition increasing HDP participation – Approval subject to ESOP design and funding conditions (Annexure A).
|
8 August 2023 |
|
Reported
Acquisition approved on finding no substantial lessening of competition and subject to apprenticeship/HDP conditions.
Merger control – horizontal overlap in underground mining Load Haul Dumpers (LHDs) – market definition by equipment type and tonnage – reliance on parties’ market estimates – public interest conditions requiring extension of apprenticeship programme and HDP participation.
|
2 August 2023 |
|
Reported
Interim relief refused: supplier failed to prove monopsonistic abuse and respondent’s de‑registration was justified.
Competition law – interim relief (s49C) — requirements: prima facie prohibited practice; serious/irreparable harm to competitive position; balance of convenience; Abuse of dominance (s8(1)(c)) — exclusionary acts by a dominant buyer (monopsony) require evidence of anti‑competitive effects and lack of objective justification; State organs — Competition Act binds the State and Tribunal may grant s49C relief against administrative decisions that are economic activity; Procedural – declaration of single economic entity unnecessary.
|
2 August 2023 |
| July 2023 |
|
|
Tribunal approved an internal restructuring unconditionally and a mall acquisition subject to procurement-related conditions.
Competition/merger control – internal restructuring – target entities inactive – no competition concerns – unconditional approval Competition/merger control – property acquisition – community shopping centre – procurement-related considerations – approval subject to conditions Assessment of mergers where acquiring parties are holding/investment companies
|
13 July 2023 |
| May 2023 |
|
|
Tribunal interdicted the respondent from raising gas prices pending an investigation into alleged excessive pricing.
Competition law – excessive pricing – concurrent jurisdiction with sector regulator (Gas Act/NERSA) – interim interdict preventing price increase – refusal to suspend Commission summons (Group 5 precedent).
|
12 May 2023 |
| April 2023 |
|
|
Tribunal finds supplier and partner liable for excessive pricing of critical COVID‑19 hand sanitiser; fines R3.55 million.
Competition Act — Excessive pricing during a crisis; market power conferred by pandemic conditions; reseller mark‑ups and margins; partnership liability for profiteering; administrative penalty imposed.
|
3 April 2023 |
| March 2023 |
|
|
Plea of a global USD/ZAR cartel prima facie establishes jurisdiction; joinder allowed; time-bar and initiation not decidable on pleadings.
Competition law — Extra-territorial jurisdiction under s 3(1) — qualified-effects test (direct, foreseeable, substantial) — personal jurisdiction over foreign peregrini where adequate connecting factors shown — pleadings standards under CAC order and Tribunal Rule 15(2) — joinder and initiation (tacit initiation permissible) — s 67(1) time-bar requires factual enquiry — Tribunal discretion to condone procedural irregularities and direct respondents to plead over.
|
30 March 2023 |
|
The Competition Tribunal approved three notified mergers unconditionally, finding no competition concerns requiring conditions.
Competition law – merger control – approval without conditions; renewable-energy IPPs; retail pharmacy acquisition; automotive dealer acquisition.
|
24 March 2023 |
|
Tribunal approves hospital merger subject to extensive public‑interest healthcare, procurement, employment and information‑sharing conditions.
Competition law – merger approval – public interest conditions in healthcare – pro bono surgeries, training and clinic upgrades – procurement from Black‑owned businesses – capital expenditure and employment moratorium – employee benefit scheme – information‑sharing safeguards.
|
24 March 2023 |
|
Tribunal unconditionally approved an HDP-majority divestiture of a meat packing plant, finding no competition concerns.
Competition law – Merger control – Approval of acquisition of meat packing plant – No conditions imposed. Divestiture condition – Sale to HDP-majority purchaser satisfies earlier Tribunal-imposed divestiture requirement. Market effects – Vertical supply relationship to a fast-food purchaser did not give rise to competition concerns.
|
15 March 2023 |
|
Tribunal approved multiple large mergers, imposing public-interest conditions only on the Epiroc mining-equipment transaction.
Competition law – merger approval – assessment of competition and public-interest effects Public interest remedies – employee share ownership plan; retrenchment moratorium; skills, enterprise and supplier development funding Insurance portfolios – transfer via cell structure – approval without conditions Large mergers – unconditional clearance where no substantial lessening of competition or public interest concerns arise
|
14 March 2023 |
| February 2023 |
|
|
A vertical acquisition of a private-label supplier was conditionally approved—no foreclosure found, with procurement conditions to promote HDP/SME participation.
Vertical merger — private-label supply to wholesaler — national market assessment; no input or customer foreclosure found; public interest conditions to promote HDP/SME procurement; conditional merger approval.
|
27 February 2023 |
| January 2023 |
|
|
Tribunal approved the merger and issued an unconditional clearance certificate, subject to statutory revocation grounds.
Competition law – Merger control – Approval under section 16(2)(a) of the Competition Act – Merger Clearance Certificate under Rule 35(5)(a). Procedure – Referral to Tribunal under section 14A / consideration under section 16(1). Conditions – No conditions imposed on approval. Revocation – Tribunal may revoke approval under section 16(3) for incorrect information, deceit, or breach. Appeal – Right to appeal to the Competition Appeal Court within 20 business days.
|
31 January 2023 |
|
Tribunal approved minority acquisition with negative control, finding no substantial competition or public‑interest concerns.
Competition law – Merger – Minority acquisition conferring negative control (s12(2)(g)) – No horizontal or vertical overlap – Low market share and capacity – Public interest: employment and HDP ownership.
|
31 January 2023 |
