The recent SCI excessive pricing decision marks a significant development in the landscape of the jurisprudence in South Africa dealing with abuse of dominance in that it is the only case involving excessive pricing in South Africa since Mittal, almost a decade ago. The SCI excessive pricing decision is also important in so far as the Competition Tribunal adopts a different methodology to determining an "excessive price" to what was set out by the Competition Appeal Court in Mittal. The shift in methodology is likely to be of interest to dominant firms in determining pricing. To read our insights on the SCI excessive pricing decision, click here.
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