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Competition Commission of South Africa v Standard Bank of South Africa Limited; Competition Commission of South Africa v Standard Bank of South Africa Limited; Competition Commission of South Africa v Waco Africa (Pty) Limited and Others (CCT158/18; CCT17

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Competition Commission of South Africa v Standard Bank of South Africa Limited; Competition Commission of South Africa v Standard Bank of South Africa Limited; Competition Commission of South Africa v Waco Africa (Pty) Limited and Others (CCT158/18; CCT17

21st February 2020

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Click here to read the full judgment on Saflii

[1] The first judgment, written by Theron J, dismisses the appeals in CCT158/18 and CCT218/18 (the Rule 15 appeals), upholds the appeal in CCT179/18 (the review appeal), and remits it to the Competition Appeal Court.  The second judgment (majority), written by Jafta J and Khampepe J, with Ledwaba AJ, Mhlantla J, and Nicholls AJ concurring, upholds the Rule 15 appeals.  It agrees with the outcome of the first judgment regarding the review appeal.  The third judgment, written by Froneman J, with Cameron J concurring, agrees with the outcome of the second judgment in respect of the Rule 15 appeals.  Froneman J dissents from the first and second judgments in respect of the review appeal.  The fourth judgment, written by Madlanga J, agrees with the outcome of the second judgment in relation to the Rule 15 appeals, but does so on the reasoning of the third judgment.  Madlanga J also agrees with the outcome in the first and second judgments in relation to the review appeal.

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[2] The effect of these four judgments is that eight members of the Court grant leave to appeal and uphold the appeal in the Rule 15 appeals.  Seven members of the Court grant leave to appeal and uphold the appeal in the review appeal.

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