LPL4802 October/November (Exam) MEMO | Due 29 October 2026

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LPL4802 October/November (Exam) MEMO | Due 29 October 2026. All questions fully answered. QUESTION 1: PROHIBITED CONDUCT AND THE RIGHT TO CLAIM DAMAGES [20 MARKS] The Competition Tribunal found that SAA’s conduct constituted a prohibited practice in terms of section 8(d)(i) of the Competition Act 89 of 1998. Following that finding, Nationwide instituted civil proceedings against SAA, claiming damages for loss of profits allegedly caused by the prohibited conduct.
With reference to the facts and the relevant statutory provisions, answer the following:
1.1 Explain the nature of the prohibited conduct contemplated in terms of the Competition Act and apply its requirements to SAA’s incentive agreements with travel agents. (6)
1.2 Establish, without re-writing certain parts of the relevant provision, how the Competition Act regulates the determination of issues relating to prohibited conduct in subsequent civil proceedings and its significance for Nationwide’s damages claim. (6)
1.3 Indicate how Nationwide had to establish its damages, in the process, identify the essential link between the prohibited conduct and the loss claimed. (8)