Competition Tribunal of South Africa (@comptrib) 's Twitter Profile
Competition Tribunal of South Africa

@comptrib

The Tribunal promotes competition for the benefit of consumers - and regulates mergers and prohibited practices

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linkhttp://www.comptrib.co.za calendar_today04-11-2015 08:33:28

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Tribunal confirms Pailpac consent agreement: R5 million administrative penalty and an end to exclusive supply arrangements comptrib.co.za/info-library/c…

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Merger Alert: MMG Singapore Resources PTE. Ltd And Anglo American Níquel Brasil LTDA and the ferronickel marketing and sales function of Anglo American Marketing Limited comptrib.co.za/info-library/c…

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Merger Alert: Old Mutual Corporate Ventures (Pty) Ltd and Fairheads Benefit Services (Pty) Ltd and Fairheads Financial Services (Pty) Ltd comptrib.co.za/info-library/c…

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Should you wish to receive the Competition Tribunal's Press Releases, Hearing Alerts and Merger Alerts, kindly send an email to [email protected] and we will add you to our email list.

Should you wish to receive the Competition Tribunal's  Press Releases, Hearing Alerts and Merger Alerts, kindly send an email to  GillianD@comptrib.co.za and we will add you to our email list.
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The Competition Tribunal will hear two exception applications today, in a matter involving Glenmore Capital’s self-referred complaint against the Department of Health, Afrocentric and the National Health Laboratory Service.

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2. Glenmore seeks damages, alleging exclusionary conduct in contravention of the Competition Act. The case relates to the 2021 exclusion of COVID-19 antigen test kits from use in the public and private sectors, which Glenmore had supplied to the NHLS at the request of SAPHRA.

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3. This followed a “non-recommendation” issued by the NHLS and SAPHRA. Glenmore claims the exclusion was irrational and intended to remove it and its supplier from the market, despite efforts to address regulatory concerns and international use of the tests.

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4. Afrocentric argues Glenmore’s referral is vague, legally flawed, fails to allege specific prohibited conduct and is outside the Tribunal’s jurisdiction. It argues that it is not properly identified as a legal entity while its subsidiary, M-Med, has not been joined as a party.

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5. The NHLS contends that the referral lacks sufficient factual allegations to sustain a case and is vague and embarrassing. It has also challenged Glenmore’s supplementary affidavit as materially flawed.