On 11 November 2019, the Competition Tribunal (Tribunal)
dismissed an application for interim relief by Africa People Mover
(APM), where it sought to interdict the Passenger Rail Agency of
South Africa (PRASA) from refusing APM access to the bus terminal
at Johannesburg Park Station. What initially appeared to be a
potential abuse of dominance by PRASA, later proved to be a breach
of an access agreement by APM. As a result of the breach, PRASA
terminated the access agreement without which APM was not allowed
to access Park Station.
APM is an emerging bus operator predominantly in the
long-distance travel industry that entered into an agreement with
PRASA to use Park Station for the collection and drop-off of its
passengers. However, PRASA prohibited APM from accessing the Park
Station bus terminal, after APM defaulted on certain payments to
PRASA. PRASA therefore persists that their decision to refuse
access is nothing other than rational business behaviour,