Senwes Limited v The Competition Commission of South Africa

Senwes Limited, a dominant firm in the upstream grain storage market, had previously been found by the Competition Tribunal to have abused its dominance by engaging in exclusionary conduct amounting to a margin squeeze, in contravention of section 8(c) of the Competition Act 89 of 1998. The Competition Appeal Court (CAC) upheld the Tribunal’s decision on appeal. Senwes then applied to the CAC for special leave to appeal to the Supreme Court of Appeal, arguing that it had been denied due process because the case against it was not properly pleaded, and that the evidence supporting a finding of a margin squeeze was inadequate.

The application for leave to appeal to the Supreme Court of Appeal was dismissed with costs, including the costs of two counsel.

The case clarifies the stringent requirements for special leave to appeal from the Competition Appeal Court to the Supreme Court of Appeal and reinforces the importance of expeditious resolution of competition disputes. It confirms that competition complaints need not employ specific economic terminology, such as 'margin squeeze', provided the pleaded facts reasonably disclose the conduct complained of. The judgment underscores that litigants cannot rely on alleged pleading deficiencies after having made strategic choices during litigation.