American Natural Soda Corporation and Another v Competition Commission of South Africa and Others

The first applicant, an American corporation exporting soda ash to South Africa, and the second applicant, its local distributor, were unsuccessful before the Competition Tribunal and the Competition Appeal Court (CAC) in challenging findings relating to the Competition Act 89 of 1998. The Tribunal had held that jurisdiction under s 3(1) of the Act is established by any effect within South Africa; that price-fixing agreements between firms in a horizontal relationship are per se unlawful under s 4(1)(b); and that Botswana Ash (Pty) Ltd and its distributor Chemserve had locus standi to seek interim relief despite not alleging direct harm. The CAC dismissed the applicants’ appeal. Without seeking leave to appeal from the CAC, the applicants approached the Supreme Court of Appeal (SCA) seeking declaratory relief that they were entitled to appeal directly to the SCA, alternatively to apply directly to the SCA for leave to appeal, and challenging the constitutionality of s 62(3)(a) of the Competition Act.

The application was dismissed with costs, including the costs of two counsel for the second and third respondents.

The case clarifies the appellate structure under the Competition Act and confirms that appeals from the Competition Appeal Court to the Supreme Court of Appeal require prior leave. It underscores the procedural discipline required in competition matters and affirms Parliament’s intention to limit and regulate appeals from specialist competition courts, while also recognising that certain interlocutory determinations with final effect are appealable in principle.