The South African Competition Appeal Court overturns an excessive pricing decision by the Competition Tribunal (Mittal Steel)

BACKGROUND In 2007, the South African Competition Tribunal (CT) found Mittal Steel guilty of charging excessive prices for steel products on the South African market. The decision contested the pricing practices carried out by Mittal. Namely: (i) prices in the domestic South African market are set by matching the import price (IPP – import parity prices), these domestic prices are above the export prices; and (ii) different prices are charged to different customers, with specific customer groups receiving rebates [1]. The CT stated that even though the case was about excessive prices, to actually analyse price levels would smack of a "regulatory approach". Rather the CT argued its case based on the structure of the market. The high market share of Mittal (around 80%), the lack of

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Vitaly Pruzhansky, Mihael Raveggi, The South African Competition Appeal Court overturns an excessive pricing decision by the Competition Tribunal (Mittal Steel), 29 May 2009, e-Competitions May 2009, Art. N° 38346

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