The Competition Commission alleged that NPC‑Cimpor (the first respondent) participated with Afrisam, Lafarge SA and PPC in a cartel in the cement industry, involving indirect price fixing and market division contrary to s 4(1)(b) of the Competition Act 89 of 1998. Historically, cement producers operated under a lawful cartel exemption withdrawn in 1995. In December 1995 and later at a meeting near Port Shepstone in August 1998, the producers discussed market share allocations, territorial divisions, pricing parameters and information‑sharing mechanisms. The Commission contended that this resulted in an unlawful ‘Port Shepstone agreement’ which continued after the Competition Act came into force and until at least 2009, monitored through information exchange via Deloitte and the Concrete and Cement Institute (C&CI). NPC was jointly owned by the other producers until 2002, when it was acquired by Cimpor, after which NPC’s board changed but its managing director remained. The Commission alleged NPC continued to comply with cartel arrangements post‑acquisition. The Competition Tribunal dismissed the Commission’s referral, finding insufficient proof that NPC was party to a prohibited agreement or concerted practice during the complaint period. The Commission appealed to the Competition Appeal Court.