Pepkor Holdings Limited and Another v Lewis Stores (Proprietary) Limited

Pepkor Holdings Limited proposed to acquire the furniture business of Shoprite Holdings Limited, a large merger notified to the Competition Tribunal. Lewis Stores (Pty) Ltd, a national furniture retailer and competitor, applied to intervene in the merger proceedings, alleging errors in the Competition Commission’s market definition and assessment, including that the merger constituted a ‘3-to-2’ national merger and raised competition and public interest concerns. On 23 July 2025 the Tribunal granted Lewis wide-ranging intervention rights, including access to confidential information and procedural powers similar to those of the Commission. Pepkor and Shoprite appealed that decision to the Competition Appeal Court and, pending the appeal, applied under section 38(2A)(d) of the Competition Act for suspension of the Tribunal’s order, citing risks of irreversible disclosure of confidential and competitively sensitive information. Lewis opposed the suspension.

The operation and execution of the Competition Tribunal’s order of 23 July 2025 granting Lewis Stores (Pty) Ltd intervention rights were suspended pending determination of the appeal. Lewis Stores was ordered to pay the costs of the suspension application, including the costs of two counsel.

The decision clarifies that intervention rulings in merger proceedings may be appealable where they materially affect the structure and fairness of proceedings, applying the Constitutional Court’s interests-of-justice standard. It reinforces limits on competitor intervention in competition matters and underscores the protection of confidential information in merger control, while confirming the discretionary framework for suspension under section 38(2A)(d) of the Competition Act.