Competition Commission of South Africa v Jasco Security and Fire Solutions (Pty) Ltd (CR086Aug19; SA044Jul21) [2021] ZACT 95 (16 September 2021)

Competition Commission of South Africa v Jasco Security and Fire Solutions (Pty) Ltd (CR086Aug19; SA044Jul21) [2021] ZACT 95 (16 September 2021)

The Tribunal confirmed the consent agreement and addendum between the Competition Commission and Jasco Fire. The Commission found that ASIB and its Listed Installers, including Jasco Fire, had engaged in market division by allocating territories and restricting services, which contravened section 4(1)(b)(ii) of the...

Source-derived case information.

Citation
[2021] ZACT 95
Parties
Applicant: Competition Commission of South Africa; Respondent: Jasco Security and Fire Solutions (Pty) Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
16 September 2021
Case Number
CR086Aug19/SA044Jul21
Procedural Posture
Settlement Confirmation / Consent Agreement Confirmation and Addendum
Outcome
Consent agreement and addendum confirmed as an order of the Tribunal; administrative penalty imposed; compliance and reporting obligations accepted.
Judges
AW Wessels, E Daniels, Y Carrim
Legal Topics
Market Division, Administrative Penalty, Consent Agreement, Section 4 1 B Ii, Compliance Programme
Competition Law Market Division Administrative Penalty Consent Agreement Section 4 1 B Ii Compliance Programme

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Parties

Competition Commission of South Africa

Applicant

Jasco Security and Fire Solutions (Pty) Ltd

Respondent

Procedural Posture

Settlement Confirmation / Consent Agreement Confirmation and Addendum

Legal Issues

  1. 1 Whether the conduct of Jasco Fire and other Listed Installers constituted market division in contravention of section 4(1)(b)(ii) of the Competition Act.
  2. 2 Whether the settlement agreement and addendum should be confirmed as an order of the Tribunal.
  3. 3 Whether Jasco Fire should be subject to an administrative penalty and compliance obligations.

Ratio Decidendi

The Tribunal confirmed the consent agreement and addendum between the Competition Commission and Jasco Fire. The Commission found that ASIB and its Listed Installers, including Jasco Fire, had engaged in market division by allocating territories and restricting services, which contravened section 4(1)(b)(ii) of the Competition Act. Although Jasco Fire did not admit liability, the Commission agreed to settle based on Jasco Fire's small market share, lack of prior contraventions, and willingness to discontinue adherence to anti-competitive ASIB rules. Jasco Fire undertook to implement a compliance programme, refrain from anti-competitive conduct, and pay an administrative penalty of...

Court Disposition

Consent agreement and addendum confirmed as an order of the Tribunal; administrative penalty imposed; compliance and reporting obligations accepted.

Orders

  • The settlement agreement and addendum between the Competition Commission and Jasco Fire are confirmed as an order of the Tribunal.
  • Jasco Fire shall pay an administrative penalty of R300,000 within 12 months, commencing 30 days from confirmation of the agreement.