Sasol Gas (Pty) Ltd v Competition Commission of South Africa and Others

Egoli Gas (Pty) Ltd and the Industrial Gas Users Association of Southern Africa (IGUASA) lodged complaints with the Competition Commission alleging that Sasol Gas (Pty) Ltd, a dominant firm in the piped gas market, charged excessive prices in contravention of section 8(1)(a) of the Competition Act 89 of 1998. The complaints followed NERSA’s approval of a new maximum gas pricing methodology under the Gas Act 48 of 2001, which linked domestic prices to international benchmarks. The Commission initiated an investigation and issued a summons to Sasol for information. Sasol refused to comply and brought a review application seeking to set aside the Commission’s decision to investigate and to issue the summons, arguing that NERSA’s price regulation under the Gas Act excluded the Commission’s jurisdiction. After Part A interim relief proceedings, Part B of the review was transferred from the Competition Tribunal to the Competition Appeal Court for determination.

The review application was dismissed. The Competition Commission’s decisions to initiate the investigation and to issue the summons against Sasol were upheld. No basis was found to set aside the Commission’s actions.

The judgment affirms the principle of concurrent jurisdiction between the Competition Commission and sector-specific regulators such as NERSA. It clarifies that regulatory price approval does not shield dominant firms from excessive pricing scrutiny under competition law, strengthening the enforcement reach of the Competition Act in regulated industries and reinforcing the Competition Appeal Court’s approach to statutory interpretation in competition matters.