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ARTICLE · 22 NOVEMBER 2019

PRASA Derails The Wheels On APM's Buses

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On 11 November 2019, the Competition Tribunal (Tribunal) dismissed an application for interim relief by Africa People Mover.

South AfricaTransport

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,

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