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

The first respondent had long dominated the raisin market and was historically the sole authorised marketer of raisins. After deregulation under the Marketing of Agricultural Products Act 47 of 1996, the first appellant entered the raisin industry and began competing, particularly in exports. A dispute arose when the appellants alleged that the respondents engaged in anti-competitive conduct by inducing raisin producers not to deal with the first appellant. The appellants lodged a complaint with the Competition Commission and obtained an interim interdict from the Competition Tribunal. The respondents approached the High Court, which held that the Competition Act did not apply to the raisin industry and declared the Tribunal’s orders null and void. The appellants appealed to the Supreme Court of Appeal.

The appeal was allowed 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 scope of section 3(1)(d) of the Competition Act and confirms that an industry is excluded from the Act only where specific regulatory measures actually exist. It affirms the primacy of the Competition Act in promoting competition unless concrete public regulation displaces it, thereby strengthening competition law enforcement in regulated or potentially regulated sectors.