The South African Competition Commission is based in Pretoria and is one of three independent statutory bodies established in terms of the Competition Act, No. 89 of 1998 (the Act) to regulate competition between firms in the market. The other bodies are the Competition Tribunal (Tribunal) and the Competition Appeal Court (CAC). The Commission is the investigating and prosecuting agency in the competition regime while the Tribunal is the court. The CAC hears appeals against decisions of the Tribunal. Although each of the bodies functions independently of each other and of the State, the Commission and Tribunal are administratively accountable to the Economic Development Department (EDD), while the CAC is part of the judiciary.
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MULTINATIONAL STANDARD CHARTERED BANK ADMITS LIABILITY TO CURRENCY MANIPULATION CASE, AGREES TO PAY R42M FINE* The Competition Commission (Commission) has reached a settlement agreement with UK-based multinational bank, Standard Chartered Bank (“SCB”). In terms of the settlement agreement, (...)
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Vitol Emerald Bidco Proprietary Limited (“Vitol”)/ Engen Limited (“Engen”)* The Commission has recommended that the Competition Tribunal (“Tribunal”) approve the proposed transaction whereby Vitol intends to acquire Engen, with conditions. The primary acquiring firm is Vitol, a newly (...)
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Pharmacare Limited, trading as Aspen Pharmacare (“Aspen Pharmacare”)/ Eli Lilly (S.A.) (Pty) Ltd (“Lilly SA”)* The Commission has recommended that the Tribunal unconditionally approve the proposed transaction whereby Aspen Pharmacare intends to acquire the promotion, sales and distribution (...)
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Government Employees Pension Fund (“GEPF”)/ Shenge Property Group (Pty) Ltd (“Shenge”)* The Commission has recommended that the Tribunal unconditionally approve the proposed transaction whereby GEPF intends to acquire Shenge. The primary acquiring firm is the GEPF, a fund duly represented (...)
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COMPETITION APPEAL COURT CONFIRMS A PENALTY OF R3.5 MILLION AGAINST TSUSTUMANI FOR EXCESSIVE PRICING OF FACE MASKS TO SAPS* The Competition Commission (Commission) welcomes the decision of the Competition Appeal Court (CAC) handed down on Friday, 13 October 2023, confirming a decision of the (...)
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COMMISSION WELCOMES TRIBUNAL BLOCKING THE SALE OF SASOL’S CYANIDE BUSINESS TO DRASLOVKA HOLDINGS* The Competition Commission (“Commission”) welcomes the decision by the Competition Tribunal (“Tribunal”) prohibiting the proposed acquisition of the assets and liabilities of the sodium cyanide (...)
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COMMISSION RELEASES FINAL TERMS OF REFERENCE FOR MEDIA AND DIGITAL PLATFORMS MARKET INQUIRY* The Competition Commission (Commission) has today gazetted the final Terms of Reference (ToRs) for the Media and Digital Platforms Market Inquiry (“MDPMI”) that will examine the distribution of media (...)
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COMMISSION INITIATES INVESTIGATION AGAINST JOHNSON & JOHNSON (PTY) LTD AND JANSSEN PHARMACEUTICA (PTY) LTD* In response to media queries, the Competition Commission (Commission) confirms that on 12 September 2023, the Competition Commissioner in terms of section 49B(1) of the Competition (...)
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COMMISSION AND SPAR GROUP REACH AGREEMENT ON THE CESSATION OF LONG-TERM EXCLUSIVE LEASES* The Competition Commission (Commission) and the Spar Group Ltd (“The Spar Group”) have reached a consent agreement aimed at ending long-term exclusive lease agreements in the grocery retail sector. The (...)
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COMMISSION ENGAGES STAKEHOLDERS ON THE EXCHANGE OF COMPETITIVELY SENSITIVE INFORMATION* The Competition Commission (Commission) today hosted a hybrid workshop for trade associations, business stakeholders, and sector regulators in Fourways, Johannesburg to raise awareness of the permissible (...)
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COMMISSION RECOMMENDS PROHIBITION OF VODACOM/MAZIV MERGER* The Competition Commission (Commission) has recommended that the proposed large merger whereby Vodacom (Pty) Ltd (Vodacom), intends to acquire control in Business Venture Investments no 2213 Proprietary Limited ("Newco"/ “Maziv”) be (...)
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COMMISSION RELEASES FINAL REPORT FOR ONLINE INTERMEDIATION PLATFORMS MARKET INQUIRY* On 31 July 2023, Competition Commissioner Doris Tshepe handed over the final report and decision of the Online Intermediation Platforms Market Inquiry (OIPMI) to honourable Minister of Trade, Industry and (...)
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COMMISSION PROSECUTES SASOL GAS FOR EXCESSIVE PRICING OF NATURAL GAS* The Competition Commission (Commission) has on Monday 10 July 2023 referred a complaint against Sasol Gas (Pty) Ltd (Sasol Gas) for excessive pricing of natural piped gas to the Competition Tribunal (Tribunal) in (...)
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COMMISSION REFERS SAPS SUPPLIER TO THE TRIBUNAL FOR EXCESSIVE PRICING OF HAND SANITISERS* On Wednesday, 17 May 2023, the Competition Commission ("Commission") referred a third COVID-19-related public procurement case to the Competition Tribunal (“Tribunal”) for prosecution. This follows the (...)
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COMMISSION RECOMMENDS CONDITIONAL APPROVAL OF TAKATSO/SAA MERGER* The Competition Commission (“Commission”) has recommended that the Competition Tribunal (“Tribunal”) approve the proposed merger between Takatso Aviation Proprietary Limited (“Takatso”) and South African Airways State-Owned (...)
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COMMISSION TO ESTABLISH A MARKET INQUIRY INTO THE STEEL INDUSTRY* The Competition Commission (Commission) has on 7 April, gazetted the draft terms of reference (ToRs) for a new market inquiry into the South African steel industry (“the Steel Industry Inquiry”). The Steel Industry Inquiry (...)
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SAPS HAND SANITISER SUPPLIER FINED R3.5M FOR EXCESSIVE PRICING* The Competition Commission (Commission) welcomes the decision by the Competition Tribunal (Tribunal) in which it found South African Police Service (SAPS) supplier, BlueCollar Occupational Health (Pty) Ltd (“BlueCollar”) acting (...)
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COMMISSION WELCOMES TRIBUNAL’S APPROVAL OF HEINEKEN AND DISTELL MERGER* The Competition Commission (Commission) welcomes the decision issued by the Competition Tribunal (Tribunal) approving the proposed international merger transaction between European brewer, Heineken, and South African (...)
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COMMISSION PUBLISHES FINAL GUIDELINES ON THE EXCHANGE OF COMPETITIVELY SENSITIVE INFORMATION* On Friday, 24 February 2023, the Competition Commission (Commission) published Guidelines on the Exchange of Competitively Sensitive Information in the Government Gazette. This follows requests from (...)
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COMPETITION COMMISSION WELCOMES TRIBUNAL’S DECISION PROHIBITING MERGER BETWEEN CORRUSEAL AND NEOPAK* The Competition Commission (Commission) welcomes the decision issued by the Competition Tribunal (Tribunal) yesterday, prohibiting the proposed merger between Corruseal Group (Pty) Ltd and (...)
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COMMISSION WELCOMES COMPETITION TRIBUNAL’S R1.38M PENALTY AGAINST CORPCOM OUTDOOR (PTY) LTD FOR PRICE FIXING* The Competition Commission (Commission) welcomes a ruling by the Competition Tribunal (Tribunal) handed down on Thursday, 17 November 2022 in which it confirmed, as an order, a (...)
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COMMISSION PROHIBITS MERGER OF TWO LEADING PAINT MANUFACTURERS, PLASCON AND AKZONOBEL* The Competition Commission (“Commission”) has prohibited a proposed transaction whereby Akzo Nobel N.V (“AkzoNobel”), an Amsterdam-based company that manufactures chemicals and chemical products, intended (...)
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Commission recommends conditional approval of Heineken’s proposed takeover of Namibian Breweries and certain distill operations* The Competition Commission has recommended that the Competition Tribunal approve with conditions the proposed transaction whereby the Heineken Group through (...)
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South African and Egyptian Competition Authorities join forces to strengthen anti-monopoly competition laws* The Competition Commission South Africa this morning, 31 August 2022, signed a Memorandum of Understanding (MoU) with the Egyptian Competition Authority to establish a general (...)
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COVID-19 UPDATE: COMPETITION COMMISSION FLOODED WITH OVER 500 COMPLAINTS OF EXCESSIVE PRICING * Background On 15 March 2020 President Cyril Ramaphosa declared a State of National Disaster, and further to that the President announced the enforcement of a nationwide lockdown for 21 days with (...)
