South Africa: Cartels, Monopolies

With competition authorities worldwide scrutinising the labour market, non-compete and no-poaching agreements between employers and employees may be regarded as anti-competitive...

South Africa's Competition Tribunal has dismissed a complaint referred by the Competition Commission against Totalgaz Southern Africa (Pty) Ltd, Oryx Oil South Africa...

In the last two months the Competition Commission has lost three cartel cases before the Competition Tribunal.

The South African antitrust authorities kept their promise to combat cartel activity in 2007. A number of cases involving price fixing and market division in key sectors of the South African economy were referred by the Competition Commission to the Competition Tribunal for adjudication.

Dominant firms are prohibited by the Competition Act 1998 from charging excessive prices to the detriment of consumers. Why only dominant firms? The presumption is that a small firm will lose its customers to its competitors if it charges excessive prices.

Recently, the Competition Appeal Court (CAC) reversed the decision of the Competition Tribunal in the matter of Nationwide Poles CC and Sasol Oil (Pty) Ltd.