Legal Articles and Guides
Supermarket group Spar is being investigated by the Competition Commission after banning SA-produced cigarettes, whose manufacturers are alleged to be tax dodgers, from its shops, according to a Business Times report.
The Competition Tribunal has dismissed a collusive tendering case against WBHO Construction. In its 2015 referral to the tribunal, the Competition Commission alleged that WBHO had colluded with Group Five Construction by fixing contractual conditions related to the N17 link road between New Canada and Soccer City, says a Business Day report.
In a judgment that TechCentral says has significant consequences for the telecommunications industry and homeowners, the SCA has overturned a lower court’s judgment, in favour of Telkom, ruling that Vodacom is entitled to access its rival’s ducts.
In what a Business Day report says is a precedent-setting case, the Competition Commission has gone to the Constitutional Court to prevent companies, including Standard Bank, from accessing information gathered on them during investigations.
The SABC has become the latest media group to be fined by the Competition Tribunal for collusion on advertising rates. The broadcaster received a R32m fine, adding to its financial distress, for which it had asked government for a R3bn bailout in November, saying it would be unable to meet February's payroll without assistance, says BusinessLIVE.
The days of uncompetitive conduct with regards to the sale of school uniforms have come to an end, says a Pretoria News report. Yesterday, the Competition Commission announced it had finally made progress in the call for making school uniforms affordable for everyone. The commission’s tribunal said a consent agreement had been entered into with various schools in this regard.
NTK Limpopo Agri, a wholly-owned subsidiary of the VKB Group, has been fined R3.64m for price fixing conduct in the milled white maize market in contravention of the Competition Act. The Competition Tribunal confirmed yesterday that a settlement agreement was entered into between NTK and the Competition Commission in terms of which the company admitted engaging in anti-competitive conduct with its competitors, says Business Report.
The Competition Tribunal has found that Computicket abused its dominance and has ordered the ticketing giant to pay an administrative penalty of R20m. The tribunal's decision follows protracted litigation and an earlier investigation by the Competition Commission into the company's use of long-term exclusive agreements to exclude new entrants from the outsourced ticket-distribution market, notes TimesLIVE.
The association representing the governing bodies of 2 070 schools has agreed to urge those schools to seek settlement with the Competition Commission for anti-competitive behaviour – hopefully without any fines attached. The Witness reports on Friday the Competition Commission gazetted a memorandum of understanding with the Federation of Governing Bodies of SA Schools (Fedsas) that spells out broad co-operation, but also zooms in on the issue of school uniforms.
The business rescue practitioner for the Gupta’s embattled Shiva mine, which holds one of the largest uranium deposits in the world, has submitted an urgent application to the Competition Tribunal seeking the removal of two other practitioners he claims were unlawfully appointed. In the affidavit, notes Business Day, rescue practitioner Christopher Monyela sought an order to direct the Companies and Intellectual Property Commission (CIPC) to accept a form he filed on behalf of the company which appointed Juanito Damons as a senior practitioner of Shiva.
The ANC is concerned about the digital divide due to high data costs and has joined mobile data service providers in the call for ‘more spectrum’, says a Fin24 report. Noting ‘the cost of data in SA is significantly higher than other African countries’, the ANC's Phelisa Nkomo said the release of spectrum would lessen the network burden of operators. This submission was made on the third and final day of the Competition Commission’s Data Market Inquiry on Friday in Pretoria.
The Constitutional Court on Friday set aside a 2017 Competition Appeal Court ruling and said the Competition Commission is entitled to investigate whether a channel licensing agreement between the SABC and MultiChoice, dating from 2013, was in fact a notifiable merger.
Pepkor has gone to court to interdict the opening of a rival retailer, Mr Tekkie, started by former senior employees of its own brand, Tekkie Town, Die Burger reports. Pepkor says in its urgent application filed in the Western Cape High Court that it managed to recover deleted e-mails of former exective and Tekkie Town founder Braam van Huyssteen, allegedly proving a plot to influence Pepkor’s share price.
The Public Protector has postponed hearings into the horse racing industry in Gauteng after one of the interested parties, Phumelela Gaming and Leisure‚ obtained an interdict in the Gauteng High Court (Pretoria) to have the hearings postponed until further notice.
The possibility of harsher punishment for cartel conduct should not be ignored, according to Ahmore Burger-Smidt, a director at Werksmans Attorneys. Amendments to the Competition Act came into effect on 1 May 2016, notes a Fin24 report. The amendments introduced criminal liability for directors and individuals with ‘management authority’ who are responsible for – or knowingly acquiesce – in cartel conduct.