n Without Prejudice - A dampening effect? : competition law
|Article Title||A dampening effect? : competition law|
|© Publisher:||JetBlue Publishers (Pty) Ltd|
|Publication Date||Sep 2014|
|Pages||16 - 19|
The recent SCI excessive pricing decision marks a significant development in the landscape of the jurisprudence in South Africa dealing with abuse of dominance. It is the only case involving excessive pricing in South Africa since Mittal, almost a decade ago. The decision is also important as the Competition Tribunal adopts a different methodology to determine an "excessive price" to that set out by the Competition Appeal Court in Mittal. Mittal Steel South Africa Limited and two Others v Harmony Gold Mining Company Ltd and Another Case No 70/CAC/Apr07). The shift in methodology is likely to be of interest to dominant firms in determining pricing.
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