Takata South Africa (Pty) Limited v Competition Commission of South Africa and Others

The Competition Commission initiated a complaint in 2012 concerning alleged collusion in the market for Occupant Safety Systems (automotive airbags and seatbelts). Between March and June 2018, the Commission referred 21 complaints to the Competition Tribunal against Takata South Africa (Pty) Ltd (Takata SA), its parent Takata Corporation, and other manufacturers, alleging contraventions of section 4(1)(b) of the Competition Act 89 of 1998. Takata SA raised exceptions to all referrals, contending that they failed to disclose a cause of action and were vague and embarrassing. After procedural developments, including supplementary affidavits and directions requiring Takata SA to plead over, the Tribunal heard the exceptions jointly and dismissed them on 8 December 2023. Takata SA then approached the Competition Appeal Court with a combined appeal and review seeking to set aside the Tribunal’s dismissal of its exceptions.

The appeal was dismissed; the review was dismissed; Takata SA was ordered to pay the costs of both the appeal and the review, including the costs of two counsel where employed.

The judgment provides authoritative guidance from the Competition Appeal Court on the impermissibility of simultaneously pursuing an appeal and a review on identical grounds. It clarifies the application of the interests-of-justice test to the appealability of interlocutory Competition Tribunal decisions post-Lebashe, and reinforces procedural discipline in competition litigation. The case is significant in preventing litigants from using review proceedings to bypass restrictions on interlocutory appeals.