South African Raisins (Proprietary) Limited and Another v S A D Holdings Limited and Another

The first respondent historically held a dominant position in the raisin market and was formerly the sole authorised marketer of raisins. Following the coming into force of the Marketing of Agricultural Products Act 47 of 1996, the first appellant entered the raisin processing and export market and became a competitor. A dispute arose regarding alleged anti-competitive conduct by the respondents, including inducing raisin producers not to deal with the first appellant. The first appellant lodged a complaint with the Competition Commission and obtained interim relief from the Competition Tribunal under the Competition Act 89 of 1998. The Tribunal interdicted the respondents from inducing producers not to deal with the appellant. The respondents challenged the Tribunal’s jurisdiction, contending that the raisin industry was regulated under the Marketing of Agricultural Products Act and therefore fell outside the Competition Act. The High Court agreed and declared the Tribunal’s orders null and void, prompting this appeal.

The appeal was upheld with costs. The judgment of the High Court was set aside and replaced with an order dismissing the respondents’ application with costs.

The case clarifies the relationship between the Competition Act and sector-specific agricultural legislation. It establishes that the Competition Act applies to agricultural markets unless specific regulatory measures governing the relevant conduct have been enacted. The decision affirms the broad reach of South African competition law and limits attempts to exclude industries from its ambit based solely on the existence of enabling regulatory statutes.