Anglo South Africa (Pty) Ltd and Others v Industrial Development Corporation of South Africa Ltd and Others

Two merger notifications relating to acquisitions within the Anglo corporate group were filed with the Competition Commission, which recommended unconditional approval. During prehearing conferences before the Competition Tribunal, a single Tribunal member (the second respondent) made several procedural rulings: allowing the Industrial Development Corporation (IDC) to intervene, defining the scope of its intervention, granting it access to confidential documents, and appointing an expert economist to assess the merger. The merging parties appealed and sought review in the High Court, contending that these rulings were made ultra vires the Competition Act 89 of 1998 and in breach of procedural fairness.

All four impugned rulings made by the second respondent were set aside. The IDC’s application to intervene was referred back to the Competition Tribunal to be heard urgently by a properly constituted panel under section 31 of the Act, excluding the second respondent. No order as to costs was made.

The case clarifies the limits of the powers of individual members of the Competition Tribunal and affirms the principle of legality in administrative and competition proceedings. It underscores that Tribunal Rules cannot confer powers beyond those granted by the Competition Act and reinforces procedural fairness in merger control, particularly regarding intervention and expert evidence.