Competition Commission of South Africa v M Meyer Surgical Sales CC T/A Intermed (CO042Jul21) [2021] ZACT 100 (26 September 2021)

Competition Commission of South Africa v M Meyer Surgical Sales CC T/A Intermed (CO042Jul21) [2021] ZACT 100 (26 September 2021)

The Tribunal confirmed the consent agreement between the Commission and Intermed, noting that Intermed agreed to pay an administrative penalty and implement a compliance programme, and undertook to refrain from future anti-competitive conduct. The Tribunal considered mitigating factors: Intermed is a first-time offender, a small firm, did not win the tender, the tender value was low, and it cooperated fully. The Tribunal accepted that the agreement was reached without admission of liability and found the terms appropriate to serve the objectives of the Competition Act.

Citation
[2021] ZACT 100
Parties
Applicant: Competition Commission of South Africa; Respondent: M Meyer Surgical Sales CC T/A Intermed
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
26 September 2021
Case Number
CO042Jul21
Procedural Posture
Consent Order / Order Confirming Consent Agreement
Outcome
Consent agreement confirmed as an order of the Tribunal.
Judges
AW Wessels, E Daniels, Y Carrim
Legal Topics
Collusive Tendering, Consent Agreement, Administrative Penalty, Competition Act Compliance
Competition Law Collusive Tendering Consent Agreement Administrative Penalty Competition Act Compliance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Competition Commission of South Africa

Applicant

M Meyer Surgical Sales CC T/A Intermed

Respondent

Procedural Posture

Consent Order / Order Confirming Consent Agreement

Legal Issues

  1. 1 Whether Intermed engaged in collusive tendering in contravention of section 4(1)(b)(iii) of the Competition Act.
  2. 2 Whether the consent agreement should be confirmed as an order of the Tribunal.

Ratio Decidendi

The Tribunal confirmed the consent agreement between the Commission and Intermed, noting that Intermed agreed to pay an administrative penalty and implement a compliance programme, and undertook to refrain from future anti-competitive conduct. The Tribunal considered mitigating factors: Intermed is a first-time offender, a small firm, did not win the tender, the tender value was low, and it cooperated fully. The Tribunal accepted that the agreement was reached without admission of liability and found the terms appropriate to serve the objectives of the Competition Act.

Court Disposition

Consent agreement confirmed as an order of the Tribunal.

Orders

  • The consent agreement between the Competition Commission and M Meyer Surgical Sales CC T/A Intermed, including the addendum dated 16 September 2021, is confirmed as an order of the Tribunal.
  • Intermed is ordered to pay an administrative penalty of R50,000.