Competition Commission of South Africa v Mediclinic Southern Africa (Pty) Ltd and Another

Case Number:
CCT 31/20
Citations:
[2021] ZACC 35
Citations:
2022 (5) BCLR 532 (CC)
Citations:
2022 (4) SA 323 (CC)
Judge:
Mogoeng CJ (majority)
Judge:
Theron J (dissenting)
Hearing Date:
11 March 2021
Judgment Date:
15 October 2021
Case History:
On appeal from the Competition Appeal Court of South Africa (hearing an appeal from the Competition Tribunal)
Synopsis:
section 12A of the Competition Act 89 of 1998 — substantial lessening of competition — impact of a merger on competition —impact on section 27 of the Constitution — interpretation in accordance with sections 7(2) and 39(2) of the Constitution — interference by appellate courts with findings of trial courts Competition Appeal Court not entitled to interfere with findings of the Tribunal — appeal is upheld — no order as to costs
Judgment:
Full judgment

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