On 8 September 2015, the Competition Tribunal (Tribunal) found Media 24 Limited (Media 24) to be in contravention of section 8(c) of the Competition Act (Act) by abusing its dominant position in the Welkom market for community newspapers between 2004 and 2009 through intentional price and output tactics aimed at the demise and exclusion of competitors. The Tribunal found that Media 24 had priced its publication, Forum, below its average total cost and that there was evidence of the intention to exclude competition, in contravention of the Act.

Media 24 has not been fined because this is the first time it has been found in contravention of section 8(c) of the Act. Penalties for an infringement of this section of the Act may only be imposed for a repeat contravention of substantially the same conduct. Remedies will be considered at a later stage.

For more information, please contact any of the Bowman Gilfillan Partners in the Competition Practice Area