Competition Tribunal of South Africa

🔔 Hearing Alert 🔔

The Competition Tribunal will tomorrow, 12 November 2026, hear an application by the Competition Commission seeking an order compelling African Rainbow Capital (Pty) Ltd to divest its entire shareholding in either Interaction Market Services Holdings (Pty) Ltd (RSA Group) or Subtropico Ltd, two competing fresh produce agencies that sell produce on behalf of farmers at national fresh produce markets.

This is the first application of its kind to come before the Tribunal under the market inquiry provisions of the Competition Act.

The dispute in this matter is whether ARC’s shareholding in two competing agencies gives rise to an adverse effect on competition and, if so, whether a compulsory sale is a reasonable and practicable remedy.

The Competition Tribunal today continues to hear the proposed merger between Pepkor Holdings Limited and Shoprite Holdings Limited.

The CEO of Pepkor Lifestyle, a division of Pepkor, has been recalled for further cross-examination in relation to a specific exhibit. The Tribunal will thereafter hear oral evidence from a witness for Lewis Stores (Pty) Ltd.

Today’s proceedings mark the conclusion of factual witness testimony. The hearing is scheduled to resume from 30 November to 4 December 2026, when the Tribunal will hear expert economic evidence.

Background

Pepkor seeks to acquire Shoprite’s furniture segment, comprising the OK Furniture and House & Home retail brands.

In the run-up to the main hearing, the matter involved interlocutory proceedings and related litigation, including various discovery applications and a strike-out application as well as litigation concerning participation in the proceedings by Lewis as an intervenor.

Lewis initially applied to the Tribunal to intervene in the merger proceedings, contending that the merger raised serious competition concerns for low- and medium-income furniture consumers. The Tribunal granted Lewis (limited) intervention rights, which Pepkor and Shoprite successfully appealed in the Competition Appeal Court (“CAC”). Lewis subsequently approached the Constitutional Court which set aside the CAC’s decision and reinstated Lewis' right to intervene in the proposed merger.

𝗖𝗼𝗺𝗽𝗲𝘁𝗶𝘁𝗶𝗼𝗻 𝗧𝗿𝗶𝗯𝘂𝗻𝗮𝗹 𝘄𝗲𝗹𝗰𝗼𝗺𝗲𝘀 𝗺𝗲𝗺𝗯𝗲𝗿 𝗮𝗽𝗽𝗼𝗶𝗻𝘁𝗺𝗲𝗻𝘁𝘀

The Competition Tribunal welcomes the appointment of six members to its current complement of five members. The six members comprise four lawyers and two economists. Three have been appointed on a full-time basis, and three are part-time.

Welcoming the new appointments, Tribunal Chairperson, Ms Mondo Mazwai, said: “𝘛𝘩𝘪𝘴 𝘪𝘴 𝘢 𝘴𝘪𝘨𝘯𝘪𝘧𝘪𝘤𝘢𝘯𝘵 𝘮𝘪𝘭𝘦𝘴𝘵𝘰𝘯𝘦 𝘪𝘯 𝘣𝘶𝘪𝘭𝘥𝘪𝘯𝘨 𝘯𝘦𝘤𝘦𝘴𝘴𝘢𝘳𝘺 𝘤𝘢𝘱𝘢𝘤𝘪𝘵𝘺 𝘪𝘯 𝘵𝘩𝘦 𝘛𝘳𝘪𝘣𝘶𝘯𝘢𝘭. 𝘛𝘩𝘦 𝘮𝘦𝘮𝘣𝘦𝘳𝘴 𝘣𝘳𝘪𝘯𝘨 𝘥𝘪𝘷𝘦𝘳𝘴𝘦 𝘦𝘹𝘱𝘦𝘳𝘪𝘦𝘯𝘤𝘦 𝘪𝘯 𝘭𝘪𝘵𝘪𝘨𝘢𝘵𝘪𝘰𝘯, 𝘳𝘦𝘨𝘶𝘭𝘢𝘵𝘪𝘰𝘯, 𝘤𝘰𝘮𝘱𝘦𝘵𝘪𝘵𝘪𝘰𝘯 𝘭𝘢𝘸 𝘢𝘯𝘥 𝘦𝘤𝘰𝘯𝘰𝘮𝘪𝘤𝘴, 𝘤𝘰𝘯𝘴𝘵𝘪𝘵𝘶𝘵𝘪𝘰𝘯𝘢𝘭 𝘢𝘯𝘥 𝘢𝘥𝘮𝘪𝘯𝘪𝘴𝘵𝘳𝘢𝘵𝘪𝘷𝘦 𝘭𝘢𝘸, 𝘥𝘪𝘴𝘱𝘶𝘵𝘦 𝘳𝘦𝘴𝘰𝘭𝘶𝘵𝘪𝘰𝘯 𝘢𝘯𝘥 𝘱𝘶𝘣𝘭𝘪𝘤 𝘴𝘦𝘳𝘷𝘪𝘤𝘦. 𝘞𝘦 𝘸𝘦𝘭𝘤𝘰𝘮𝘦 𝘵𝘩𝘦 𝘯𝘦𝘸 𝘮𝘦𝘮𝘣𝘦𝘳𝘴 𝘢𝘯𝘥 𝘭𝘰𝘰𝘬 𝘧𝘰𝘳𝘸𝘢𝘳𝘥 𝘵𝘰 𝘵𝘩𝘦𝘪𝘳 𝘤𝘰𝘯𝘵𝘳𝘪𝘣𝘶𝘵𝘪𝘰𝘯 𝘢𝘴 𝘸𝘦 𝘢𝘥𝘫𝘶𝘥𝘪𝘤𝘢𝘵𝘦 𝘧𝘰𝘳 𝘤𝘰𝘮𝘱𝘦𝘵𝘪𝘵𝘪𝘷𝘦 𝘢𝘯𝘥 𝘪𝘯𝘤𝘭𝘶𝘴𝘪𝘷𝘦 𝘮𝘢𝘳𝘬𝘦𝘵𝘴 𝘪𝘯 𝘚𝘰𝘶𝘵𝘩 𝘈𝘧𝘳𝘪𝘤𝘢.”

Members are appointed by the President of the Republic of South Africa on the recommendation of the Minister of the Department of Trade, Industry and Competition. Read more here: tinyurl.com/yk3n47nj

The Competition Tribunal of South Africa has a vacancy for a Court Orderly.
Applications must be submitted by no later than 17h00 on 10 November 2026. View details below:

The Competition Tribunal of South Africa has a vacancy for a Senior Case Manager (five-year contract). Applications must be submitted by no later than 17h00 on 10 November 2026. View details below: