Constitutional Court Sets Precedent in South Africa's Largest Cartel Enforcement in South Africa

The Constitutional Court has delivered a landmark in what is regarded as one of the most significant and complex cartel enforcement cases ever brought before South Africa's competition authorities.

The unanimous ruling provides important guidance on three key issues: the extent of the Competition Commission's jurisdiction over the conduct of foreign companies outside South Africa; the requirements for establishing participation in a "single overarching conspiracy"; and the circumstances under which new respondents may be joined to cartel proceedings.

The Court dismissed the cases against Credit Suisse Securities (USA) LLC and two companies within the Nedbank Group, bringing to an end litigation that began in 2017. The judgment is expected to shape competition law enforcement and cross-border cartel investigations in South Africa for years to come.

Advisory Team:

Werksmans Attorneys

Paul Coetser

Paul Cleland

Raisah Mahomed

Nkonzo Hlatshwayo

Phuti Mashalane

Kuhle Joja