On 24 March 2014, the Competition Tribunal (the
"Tribunal") issued its long-awaited
decision in The Competition Commission and South African
Breweries and Others. The original complaint against South
African Breweries ("SAB") and its
Appointed Distributors" ("ADs") was
lodged with the Competition Commission
(the "Commission") nearly ten years
ago, referred to the Tribunal nearly seven years ago, and has been
the subject of various interlocutory disputes ever since.
By way of background, the current Liquor Act, unlike its
predecessor, imposes no prohibition against a single entity holding
both a manufacturing and a distribution liquor license. In this
regard, SAB both manufactures and distributes its products: it
operates seven breweries in South Africa, each of which is licensed
to manufacture and distribute beer, and it operates 40 wholly-owned
distribution depots.
