Opt-in class action for damages vindicated by constitutional court
MetadataShow full item record
The history behind the above proceedings in the constitutional court is briefly as follows. The applicant in this matter (also referred to as "Mukaddam" where appropriate) and two other parties brought an application in the Western Cape high court against Pioneer Foods (Pty) Ltd ("Pioneer"), Tiger Consumer Brands Ltd ("Tiger") and Premier Foods Ltd ("Premier"), all major manufacturers of bread, in which they sought leave to launch a class action for damages on an opt-in basis on behalf of approximately 100 distributors of bread in the Western Cape against the respondents. (This was referred to as "the distributor application".) This application in the high court was heard together with a similar application against the respondents, brought simultaneously by NGOs and other parties purporting to act on behalf of the consumers of bread in the Western Cape and elsewhere. (This was referred to as "the consumer application".) These proceedings flowed from the three respondents' contravention of the Competition Act (89 of 1998) by colluding to fix the price of bread, to reduce the discount given to the distributors and to implement other restrictive practices, as established in proceedings before the competition tribunal. Substantial fines were imposed on Pioneer and Tiger, whilst corporate leniency was extended to Premier because it had co-operated with the competition commission in its investigation of the matter.
Showing items related by title, author, creator and subject.
Australian Securities and Investments Commission v Kobelt: Evaluating Statutory Unconscionability in the Cultural Context of an Indigenous CommunityTania, Sharmin; Yates, Rachel (2019)The concept of ‘unconscionable dealing’ in statutory consumer protection provisions, such as s 12CB of the Australian Securities and Investments Commission Act 2001 (Cth), has been the subject of extensive consideration ...
International Child Abduction: An Examination of the Application of the Hague Convention’s ‘Grave Risk of Harm’ Exception in AustraliaBotica, Zoe (2017)The rise in international parental child abductions can be attributed to the growing rate of inter-cultural marriages and divorces, the increasing ease of international travel, and cross-border communication via the use ...
Fitzgerald, B.; Shi, S.; Foong, Cheryl; Pappalardo, K. (2011)Historically, determining the country of origin of a published work presented few challenges, because works were generally published physically – whether in print or otherwise – in a distinct location or few locations. ...