Recent Application Of The Prima Facie Standard Of Proof In Interim Relief Applications Before Competition Authorities

A New Wave Of Competition Law Jurisprudence?

July 15, 2024

SA

South Africa is currently experiencing a new surge of interim relief applications that has followed the 2019 Amendment to the Competition Act.  The work of this paper is to review the jurisprudence of notable cases handed down since the 2019 Amendment with a particular focus on what is deemed sufficient evidence for the establishment of a prima facie case, the initial hurdle in establishing proof of various South African prohibited practices. In seeking to give content to the requisite threshold to meet a prima facie case this paper looks to the interim relief section of the Act, which had long introduced a prima facie standard of proof by way of amendment in 2000.

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