PPC Limited v Competition Tribunal and Others; PPC Limited v Temblor Trading (Pty) Ltd t/a EST Building & Hardware and Another

PPC Limited, a dominant cement manufacturer and supplier, had for over 12 years concluded annual rebate agreements with Temblor Trading (Pty) Ltd t/a EST Building & Hardware (EST), a cooperative buying group representing hardware retailers. EST itself did not buy cement but pooled members’ volumes to secure rebates from PPC, retaining a portion before distributing the balance to members. In November 2024, PPC decided not to renew the rebate agreement with EST for 2025, opting instead to contract directly with individual EST members and pay rebates directly to them. EST approached the Competition Tribunal urgently for interim relief under s 49C of the Competition Act, alleging that PPC’s conduct constituted a refusal to supply and exclusionary conduct by a dominant firm. The Tribunal granted interim relief interdicting PPC from refusing to deal with EST and from altering supply terms. PPC launched both a review and an appeal to the Competition Appeal Court, primarily contending that the Tribunal’s order was procedurally unfair because EST members, whose rights and interests were directly affected, were not joined or heard.

Condonation for the late filing of the review application was granted. The decision of the Competition Tribunal dated 31 December 2024 granting interim relief under s 49C was reviewed and set aside. The fifth respondent (EST) was ordered to pay PPC’s costs on scale C, including the costs of two counsel where employed.

The case affirms that principles of mandatory joinder and audi alteram partem apply in Competition Tribunal proceedings, including interim relief applications. It underscores that parties with a direct and substantial interest must be joined or heard, and that failure to do so constitutes a procedural irregularity reviewable by the Competition Appeal Court. The judgment clarifies the sequencing of review and appeal proceedings and reinforces procedural fairness in competition law enforcement.