EXCLUSIVE LEASES
Massmart loses long battle over exclusive leases in shopping malls
The Competition Tribunal has dismissed Massmart’s complaint that Shoprite Checkers, Pick n Pay and Spar were taking part in anticompetitive behaviour through exclusive leases with shopping-mall landlords. In a blow to Massmart’s strategy to roll out fresh food at its Game stores in malls, the tribunal said that at best Massmart had relied on generalised contentions by some of its rivals in submissions to the retail-market inquiry by the Competition Commission. The tribunal also found that no purpose would be served by allowing Massmart an additional opportunity to amend its referral and it decided to dismiss the referral with costs. Given that this was the second time Massmart had been given an opportunity to present its case, the tribunal found the referral to be “embarrassing and vague”. Group communication manager at Massmart Annaleigh Vallie said that the company believed its referral to the body was dismissed at a preliminary stage on a technical legal exception. “We are theref...
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