South Africa’s Competition Commission has started to feel the effects of recent decisions by the country’s Competition Appeal Court and the Supreme Court of Appeal in relation to the manner in which the commission refers complaints to the Competition Tribunal.
Director
Edward Nathan Sonnenbergs
Decisions by the Competition Appeal Court in the Yara and Omnia Fertilizer case, and by the Supreme Court of Appeal in the Woodlands Dairy and Milkwood Dairy case, have led to another of the Commission’s referrals, this time against South African Breweries Limited (SAB), being set aside.
After many years of what the commission described as “procedural challenges” by SAB, on 7 April the Competition Tribunal finally dismissed the case against SAB on the basis that it had no jurisdiction to hear the commission’s 2007 referral to it. Reasons for its decision are yet to be delivered.
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Justin Balkin and Lee Mendelsohn are directors in the competition department of Edward Nathan Sonnenbergs
Johannesburg
150 West Street
Sandton
Johannesburg
South Africa
2196
Tel: +27 11 269 7600
Fax: +27 11 269 7899
E-mail: info@ens.co.za
