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ARTICLE · 08 OCTOBER 2012

A Setback For The Competition Commission?

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These cases have practical implications on how the Competition Commission (Commission) initiates and refers complaints to the Competition Tribunal and will have an impact on a number of pending referrals in which similar objections have been raised.

South AfricaAntitrust/Competition Law
Christopher Kok
Christopher Kok

Previously published in Without Prejudice Vol. 12 No. 7, August 2012.

The legal fraternity, and particularly the competition law sphere, has been eagerly awaiting the Constitutional Court's ruling in the cases of Competition Commission and Yara South Africa (Pty) Ltd, Omnia Fertilizer Ltd and Sasol Chemical Industries Ltd - CCT81/11 [2012] ZACC 14 (Yara) and Competition Commission and Loungefoam (Pty) Ltd, Gommagomma (Pty) Ltd, Vitafoam (Pty) Ltd, Steinhoff Africa Holdings (Pty) Ltd, Steinhoff International Holdings (Pty) Ltd, Feltex Holdings (Pty) Ltd and KAP International Holdings (Pty) Ltd - CCT 90/11 [2012] ZACC 15 (Loungefoam).

Both these cases have practical implications on how the Competition Commission (Commission) initiates and refers complaints to the Competition Tribunal and will have an impact on a number of pending referrals in which similar objections have been raised.

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