The South African Constitutional Court upholds an appeal as regards certification of class actions for damages arising from a cartel violation and pronounces that the correct standard must determine if the institution of a class action would be in the interest of justice (Mukaddam / Pioneer Foods)

South African Constitutional Court rules on appropriate test for class action relief for damages* ZA Constitutional Court broadens ambit of class-action relief As previously reported, the Supreme Court of Appeal (the “SCA”) handed down two judgments, in November 2012, in respect of the certification of a class in respect of a number of class actions against three bread producers arising from an investigation by the Competition Commission into price fixing and market allocation in respect of various bread products. The appeals were brought by a bread distributor in the Western Cape (the “distributor” application) and by a number of organisations in relation to a so-called “consumer” class action for damages after their applications were dismissed by the Western Cape High Court (the

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John Oxenham, The South African Constitutional Court upholds an appeal as regards certification of class actions for damages arising from a cartel violation and pronounces that the correct standard must determine if the institution of a class action would be in the interest of justice (Mukaddam / Pioneer Foods), 27 June 2013, e-Competitions June 2013, Art. N° 60815

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