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ARTICLE · 05 OCTOBER 2026

CAC Clarifies Competition Commission's Investigative Duties And The Threshold For Non-referral

Cliffe Dekker Hofmeyr
Cliffe Dekker Hofmeyr
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The Competition Appeal Court recently examined the extent to which South Africa's Competition Commission must investigate complaints before declining to pursue them, and whether complainants can challenge such decisions. In Nevilles Tours and Logistics v The Competition Commission, the court addressed a bus operator's allegations of predatory and excessive pricing by dominant competitors, finding the Commission's initial investigation inadequate and setting new standards for meaningful inquiry.

South AfricaAntitrust/Competition Law
Susan Meyer
Susan Meyer
Taigrine Jones
Taigrine Jones

Any person who suspects a breach of the Competition Act 89 of 1998 (Competition Act) is entitled to lodge a complaint with the Competition Commission (Commission) for investigation. But what if the Commission conducts only a limited desktop analysis and closes the file with a “Sorry, we’re not taking this on”? To what extent must the Commission investigate before declining to pursue a complaint and can a complainant challenge that decision in the Competition Appeal Court (CAC)? 

At a glance

  • The Competition Act 89 of 1998 entitles anyone to lodge a complaint with the Competition Commission (Commission) for investigation.
  • Nevilles Tours and Logistics (Pty) Ltd v The Competition Commission of South Africa (274/CACAug25) [2026] ZACAC 6 (26 AUGUST 2026) had to determine to what extent the Commission must investigate before declining to pursue a complaint and can a complainant challenge that decision in the Competition Appeal Court.

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