In a separate court case to that of OBC Better Butchery, a property-owning company called Vresthena also took Spar to the Pretoria High Court in November to complain about anti-competitive practices. This related to a particular head lease for the SuperSpar in Wierda Park, Centurion.
The GRMI report unequivocally states that national supermarket chains must stop enforcing exclusivity provisions – or provisions that have a substantially similar effect – in their lease agreements against SMMEs, speciality stores and other grocery retailers in shopping centres located in non-urban areas.A Spar supermarket in the Die Wilgers suburb of Pretoria.
“Spar has failed to comply with the 2019 recommendation to end exclusive agreements. In contrast, Shoprite and Pick n Pay have come to agreements with the commission,” he says. Back to the Vresthena court case. Spar is seeking to renew the head lease contract. However, Vresthena has sought a stay on the grounds that the review application Spar has lodged against the Competition Commission’s recommendations should be finalised first.
In her ruling, Judge Neukircher said there was “indeed conduct which may contravene the [Competition] Act. This being so, I cannot find that the matter has been raised in a frivolous or vexatious manner.”
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