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Timelines

Coca-Cola Beverages Africa (Pty) Ltd v Competition Commission and Another: timeline

The Constitutional Court of South Africa ruled on a dispute between Coca-Cola Beverages Africa (Pty) Ltd and the Competition Commission regarding retrenchments that allegedly breached merger conditions. The court found that the Competition Appeal Court erred in its review of the Competition Tribunal's decision and that the retrenchments were not merger-specific. The court granted leave to appeal, upheld the appeal, and overturned the Competition Appeal Court's decision.

Coverage through 2023-04-05 · Sources checked 2026-11-10

What this record covers

Historical case record based on the cited official account. Later developments may not be covered.

Position at the coverage date

Granted leave to appeal, upheld the appeal [s1]

Record details

Case
CCT 192/22 [s1]
Merger Conditions
The merger conditions included maintaining aggregate employee numbers and prohibiting retrenchment of employees in certain collective bargaining units 'as a result of' the merger. [s1]
Retrenchments
Coca-Cola initiated retrenchments due to economic challenges, including a sugar tax and rising input prices. [s1]
Notice of Apparent Breach
The Competition Commission issued a Notice of Apparent Breach, which Coca-Cola disputed and applied to review. [s1]
Review Powers
The Constitutional Court interpreted the review powers of the Tribunal under rule 39(2)(b) as a special statutory review, not a conventional administrative law review. [s1]
Causal Nexus
The court found that the focus should be on the actual decisions and conduct of the merged firm at the time of the alleged breach, taking into account all post-merger developments. [s1]

The sequence

5 documented milestones. Highlighted entries mark turning points. Dates retain the precision of the source.

  1. merger

    Merger Approval

    The Tribunal approved the merger creating Coca-Cola Beverages South Africa (Pty) Ltd, subject to conditions.

    Evidence [s1] Link to this event

  2. merger

    Further Merger

    A further merger followed at the holding company level.

    Evidence [s1] Link to this event

  3. regulatory

    Sugar Tax Imposition

    A sugar tax was imposed, contributing to economic challenges faced by Coca-Cola.

    Evidence [s1] Link to this event

  4. review

    Review Application

    Coca-Cola disputed the Notice of Apparent Breach and applied to the Tribunal to review it.

    Evidence [s1] Link to this event

  5. ruling · Turning point

    Constitutional Court Judgment

    The Constitutional Court handed down judgment, granting leave to appeal, upholding the appeal, and overturning the Competition Appeal Court's decision.

    Evidence [s1] Link to this event

Sources & evidence

  1. [s1] Constitutional Court of South Africa

    Official case account

    Official court source · Accessed 2026-11-10

Read the case details and outcome →

Public update history

— First sourced edition. Coverage dates apply.

— Titles and explanatory text passed the copywriting and source-consistency checks. Sources and data are unchanged.