Competition Commission v Mediclinic Southern Africa
South African legal case / From Wikipedia, the free encyclopedia
Competition Commission of South Africa v Mediclinic Southern Africa (Pty) Ltd and Another is an important decision in South African competition law. It was decided by the Constitutional Court of South Africa on 15 October 2021 with a majority decision written by Chief Justice Mogoeng Mogoeng.
Competition Commission v Mediclinic Southern Africa | |
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Court | Constitutional Court of South Africa |
Full case name | Competition Commission of South Africa v Mediclinic Southern Africa (Pty) Ltd and Another |
Decided | 15 October 2021 |
Docket nos. | CCT 31/20 |
Citation(s) | [2021] ZACC 35; 2022 (5) BCLR 532 (CC); 2022 (4) SA 323 (CC); [2023] 1 CPLR 2 (CC); [2022] HIPR 200 (CC) |
Case history | |
Appealed from | Competition Appeal Court – Mediclinic Southern Africa (Pty) Ltd and Another v Competition Commission [2020] ZACAC 3 |
Court membership | |
Judges sitting | Mogoeng CJ, Jafta J, Khampepe J, Madlanga J, Majidt J, Mhlantla J, Theron J, Tshiqi J, Pillay AJ and Tlaletsi AJ |
Case opinions | |
Decision by | Mogoeng CJ (Jafta, Madlanga, Majiedt, Mhlantla, Tshiqi, Pillay and Tlaletsi concurring) |
Dissent | Theron J (Khampepe concurring) |
Keywords | |
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The Constitutional Court affirmed a 2019 decision by the Competition Tribunal to prohibit a proposed merger between Mediclinic Southern Africa and Matlosana Medical Health Services. In doing so, it overturned a judgment of the Competition Appeal Court, which it found had improperly interfered in the tribunal's decision and which had not fulfilled its constitutional obligation to interpret the Competition Act, 1998 in a manner that promotes the Bill of Rights.