Shelf space is central to tobacco case

In a precedent-setting case for the manner in which exclusionary conduct is assessed in South African competition law, Genesis was commissioned to assist Japan Tobacco International (JTI) in its abuse-of-dominance complaint against another tobacco company, British American Tobacco South Africa (BATSA).

The case centred on whether the purchase of shelf space and in-store promotional activities from a large number of retailers by a dominant firm constituted an exclusionary act, especially given the limited opportunities for product promotion in a highly regulated market.

The Tribunal did not ultimately find against BATSA.