Pretoria, January 20, 2025 — South Africa’s Competition Commission welcomed a Constitutional Court order dismissing with costs Takata South Africa’s application for leave to appeal, clearing the way for the long-running collusion case to proceed to a hearing on the merits before the Competition Tribunal.
The Commission said the Constitutional Court decision, handed down in December 2025, follows earlier rulings that rejected Takata SA’s attempts to overturn the Tribunal’s handling of the matter. Takata SA had sought permission to appeal a Competition Appeal Court ruling from January 16, 2025, which dismissed with costs its appeal and review against the Tribunal’s decision.
The case dates back to June 2018, when the Commission referred Takata Corporation and its former South African subsidiary to the Tribunal for prosecution on 21 instances of alleged collusive conduct. The conduct cited in the referral included price fixing, market division, and collusive tendering.
Takata SA responded by filing exceptions to all 21 referrals, arguing that each referral failed to disclose a cause of action. The Tribunal dismissed those exceptions, which the Commission said triggered a series of appeals that ultimately proved unsuccessful, culminating in the Constitutional Court’s refusal to grant leave to appeal.
With the latest order in place, the Commission said it expects the case against Takata SA to be heard on its merits by the Tribunal in due course.
