BATSA / JTI hearings continue
20 June 2008

Hearings into the alleged abuse by British American Tobacco South Africa (Pty) Ltd ("BATSA") of its dominance in the market for the manufacture and distribution of cigarettes will resume again from 20 June 2008 to 3 July 2008.

The Competition Tribunal will hear evidence from representatives of BATSA and their economic expert. This is the last round for the presentation of factual evidence. The parties will still have an opportunity to present their legal arguments. A date for the presentation of legal arguments has not yet been set.

During the previous round of hearings (5 - 16 May 2008) the Competition Tribunal heard evidence from a number of witnesses called by BATSA including representatives from Pick n Pay and Shoprite/Checkers and Horeca (hotels, restaurant and captive audience) outlests. Most of the evidence centered around the nature and implementation of BATSA's various trade investment agreements.

Japan Tobacco International South Africa (Pty) Ltd ("JTI") and the Competition Commission have complained that these trade investment agreements have the effect of reducing the ability of competitors to compete in the market and are accordingly anti competitive.  Webber Wentzel acts for JTI.

webber wentzel newsletter 13 June 2008