The Constitutional Court recently heard arguments from bread distributors seeking to pursue a damages claim against three leading bread producers. The damages sought relate to financial losses bread distributors allegedly suffered as a result of cartel activity dating back to 2006.
The issue for determination, however, is whether the bread distributors can receive certification from the Court in order to bring a class action against the respondents. Both the Supreme Court of Appeal and the High Court dismissed the claim for certification of the class of bread distributors on the basis that the claim was not legally tenable and the mechanism of a class action was not the most appropriate means for the claims to be pursued.
The Constitutional Court has reserved judgment.