Access to Lanseria lands in a settlement

Genesis was retained to provide expert advice to Kulula, the largest low-cost carrier in South Africa, in relation to a Competition Commission investigation into its exclusive five-year agreement with Lanseria International Airport.

The investigation had been prompted by a complaint from a competitor of Kulula, 1time, which was denied access to Lanseria on the basis of the agreement. An expert report was prepared during the investigation phase, which provided economic support for a market definition and an analysis of the competitive effects of the agreement, including efficiency gains.

The commission ultimately did not refer the matter to the Competition Tribunal on the basis of the pro-competitive gains outweighing any anti-competitive effects. 1time subsequently chose to refer the matter directly to the Tribunal.

Genesis provided expert advice to Kulula during these proceedings and the matter was ultimately settled between the parties before a formal hearing was held.