BNP Paribas v Competition Commission of South Africa ; Credit Suisse Securities (USA) LLC v Competition Commission of South Africa ; Competition Commission of South Africa v Bank of America Europe Designated Activity Country and Others (CCT 25/24) [2026] ZACC 28 (30 June 2026)

The Constitutional Court of South Africa has issued a judgment in three consolidated cases involving the Competition Commission of South Africa and several international banks, including BNP Paribas, Credit Suisse Securities (USA) LLC, Bank of America Europe Designated Activity Country, and JPM Bank. The court's decision addresses the question of whether the mere existence of a South African branch is sufficient to establish jurisdiction over foreign entities in competition law matters. This development has significant implications for international businesses operating in South Africa and highlights the complexities of applying domestic competition laws to multinational corporations.

The Constitutional Court of South Africa has handed down a landmark judgment in three consolidated cases that have far-reaching implications for the application of competition law in the country. The court's decision addresses a critical issue in international trade, namely whether the mere presence of a local branch is sufficient to establish jurisdiction over foreign entities. This article provides an overview of the judgment and its significance, highlighting the importance of understanding the nuances of South African competition law in the context of global business operations.

The Competition Commission of South Africa has been actively pursuing cases against international banks operating in the country, seeking to apply domestic competition laws to their activities. The consolidated cases before the Constitutional Court involve several prominent financial institutions, including BNP Paribas, Credit Suisse Securities (USA) LLC, Bank of America Europe Designated Activity Country, and JPM Bank. At issue is whether the mere existence of a South African branch is sufficient to establish jurisdiction over these foreign entities in competition law matters.

The court's decision in this matter has significant implications for international businesses operating in South Africa. The judgment highlights the complexities of applying domestic competition laws to multinational corporations, which often have complex organizational structures and global supply chains. The mere presence of a local branch may not be sufficient to establish jurisdiction over foreign entities, and the court's ruling underscores the need for careful consideration of these issues in international trade.

The Constitutional Court's judgment in this matter has important practitioner implications, particularly for businesses operating in South Africa with global supply chains. As the competition landscape continues to evolve, it is essential for companies to understand the nuances of domestic competition laws and their application to multinational corporations. This decision serves as a reminder of the need for careful consideration of jurisdictional issues in international trade and highlights the importance of seeking expert advice in navigating complex regulatory environments.