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  • Article

    Singapore Airlines Pays ZAR25.1 Million Fine For Its Participation In Cartel Dealings

    The Competition Commission (Commission) brought an application to the Tribunal to confirm a settlement agreement entered into with Singapore Airlines.
    South AfricaAntitrust/Competition Law
    Webber Wentzel
    Webber Wentzel
  • Article

    Tribunal Calls For More Courage To "Stop The Cancer" In Cartel Finding

    The Competition Tribunal (Tribunal) has called for executives of firms involved in cartel conduct to show greater courage to admit to and cease cartel conduct
    South AfricaAntitrust/Competition Law
    Webber Wentzel
    Webber Wentzel
  • Article

    Landmark Price Discrimination Case Overturned by The Competition Appeal Court

    Recently, the Competition Appeal Court (CAC) reversed the decision of the Competition Tribunal in the matter of Nationwide Poles CC and Sasol Oil (Pty) Ltd.
    South AfricaAntitrust/Competition Law
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Tulisa Cables Cleared Of Cable Price Fixing And Cartel Charges

    Swartz maintained from the outset that Tulisa had not contravened the Competition Act.
    South AfricaAntitrust/Competition Law
    SWVG Inc.
    SWVG Inc.
  • Article

    Cartels criminalised in South Africa

    Directors and managers in South Africa will face personal criminal liability and jail time for participation in a cartel.
    South AfricaAntitrust/Competition Law
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    "...Firm Steps To End Cartels" —The Criminalisation Of Cartel Activity

    South African Minister of Economic Development, Ebrahim Patel, has announced that, from 1 May 2016, cartel conduct (price fixing, market allocation and collusive tendering) comprises criminal activity.
    South AfricaAntitrust/Competition Law
    ENS
    ENS
  • Article

    Retirement Fund Benefits Cannot Be Bequeathed

    South AfricaStrategy
    Webber Wentzel
    Webber Wentzel
  • Article

    Regulatory Headwinds?

    If airlines are to survive the impact of the escalating oil price, and the global slowdown in economic activity, then they must become more efficient and increase their load factors, while maintaining their revenues per seat.
    South AfricaTransport
    Norton Rose Fulbright South Africa
    Norton Rose Fulbright South Africa
  • Article

    Prohibited Practices

    In 2011 the Southern Pipeline cases resulted in the setting a new guidance on the method of calculating administrative penalties for price-fixing contraventions.
    South AfricaAntitrust/Competition Law
    Webber Wentzel
    Webber Wentzel
  • Article

    Three Cartel Cases Lost By The Competition Commission Before The Competition Tribunal – What Are The Implications For Future Cases?

    In the last two months the Competition Commission has lost three cartel cases before the Competition Tribunal.
    South AfricaCorporate/Commercial Law
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    Price Fixing and the Per Se Rule – Quo Vadis?

    Uncertainty has recently arisen as to the future treatment of agreements between competitors following the decision of the Supreme Court of Appeal (SCA) in the matter between the American National Soda Ash Corporation (Ansac) and Botswana Ash (Pty) Ltd (Botash).
    South AfricaAntitrust/Competition Law
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    South African Competition Commission Cracks Down On Cartels

    The South African antitrust authorities kept their promise to combat cartel activity in 2007. A number of cases involving price fixing and market division in key sectors of the South African economy were referred by the Competition Commission to the Competition Tribunal for adjudication.
    South AfricaAntitrust/Competition Law
    Norton Rose Fulbright South Africa
    Norton Rose Fulbright South Africa
  • Article

    Haunted By The Past … Until When Should Historic Cartel Conduct Spook You?

    Twenty of these happened more than three years before the second initiation. Pickfords relied on section 67(1) to challenge the inclusion of these instances in the complaint.
    South AfricaAntitrust/Competition Law
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    The Court Made Me Do It: Enforcement Of Anticompetitive Agreements

    In the recent case of Doorware CC v Mercury Fittings CC [2025] JOL 68741 (SCA), the Supreme Court of Appeal (SCA) addressed a dispute pertaining to the enforceability...
    South AfricaAntitrust/Competition Law
    Fasken
    Fasken
  • Article

    Competition Tribunal Dismisses LPG Cylinder Exchange Programme Price Fixing Allegation

    South Africa's Competition Tribunal has dismissed a complaint referred by the Competition Commission against Totalgaz Southern Africa (Pty) Ltd, Oryx Oil South Africa...
    South AfricaAntitrust/Competition Law
    ENS
    ENS
  • Article

    Excessive Pricing – Don’t Get Caught In The Mittal!

    Dominant firms are prohibited by the Competition Act 1998 from charging excessive prices to the detriment of consumers. Why only dominant firms? The presumption is that a small firm will lose its customers to its competitors if it charges excessive prices.
    South AfricaAntitrust/Competition Law
    Norton Rose Fulbright South Africa
    Norton Rose Fulbright South Africa
  • Article

    Dawn Raid Readiness. Lessons From PPC's Experience

    It's 7am on Thursday 3 August 2000 at the offices of PPC ("Pretoria Portland Cement Company Limited").
    South AfricaAntitrust/Competition Law
    Andersen in South Africa
    Andersen in South Africa
  • Article

    Lack Of Compliance And Corporate Governance – Provoking The Revolving Prison Door

    Now, for the first time since the inception of the Competition Act, there is a real and definite focus on criminal investigations linked to contraventions of the Competition Act.
    South AfricaAntitrust/Competition Law
    Werksmans Attorneys
    Werksmans Attorneys
  • Article

    Watch Out Employers: Your Non-Compete And No-poaching Agreements May Also Be Considered Anti-Competitive In South Africa

    With competition authorities worldwide scrutinising the labour market, non-compete and no-poaching agreements between employers and employees may be regarded as anti-competitive...
    South AfricaAntitrust/Competition Law
    ENS
    ENS
  • Article

    The Transfer Of A Business As A Going Concern: The Effect On Retirement Benefits

    South AfricaStrategy
    Webber Wentzel
    Webber Wentzel

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