Competition Commission of South Africa v Pickfords Removals SA (Pty) Limited

The Competition Commission initiated an investigation into alleged collusive tendering (cover pricing/cover quoting) in the furniture removal industry. A complaint was first initiated on 3 November 2010 against several firms, with the list expressly stated to be non‑exhaustive. Following further investigation, Pickfords Removals SA (Pty) Ltd was named in a further initiation on 1 June 2011, later described as an amendment to the 2010 initiation. In September 2015 the Commission referred a complaint to the Competition Tribunal alleging 37 instances of collusive tendering by Pickfords dating back to 2008. Pickfords raised an exception contending that 14 counts were time‑barred under section 67(1) of the Competition Act because they were initiated more than three years after the practice had ceased, arguing that section 67(1) constituted an absolute prescription provision incapable of condonation.

Leave to appeal was granted; the appeal was upheld. The order of the Competition Appeal Court was set aside and replaced with an order upholding the appeal from the Tribunal, dismissing Pickfords’ exception, remitting the matter to the Competition Tribunal for further hearing, and ordering Pickfords to pay the Commission’s costs in all forums, including the costs of two counsel.

This judgment clarifies the nature of section 67(1) of the Competition Act, confirming that it is a procedural time‑bar rather than an absolute prescription period. It affirms the Competition Tribunal’s power to condone non‑compliance with statutory time limits and strengthens the Commission’s ability to investigate and prosecute cartel conduct, while aligning competition enforcement with the constitutional right of access to courts.