Competition Commission of South Africa v QCP1 Investments (Pty) Ltd and Cape Trans Property Investments (Pty) Ltd (CO077Aug22; 2022Feb0046) [2022] ZACT 29; [2022] 2 CPLR 29 (CT) (22 August 2022)
The Tribunal found that the respondents had contravened section 13A(3) of the Competition Act by failing to notify the Commission of a merger. The parties entered into a consent agreement in terms of section 49D of the Act, which was submitted to the Tribunal for confirmation. The Tribunal confirmed the agreement as...
Source-derived case information.
- Citation
- [2022] ZACT 29
- Parties
- Applicant: Competition Commission of South Africa; Respondent: QCP1 Investments (Pty) Ltd; Respondent: Cape Trans Property Investments (Pty) Ltd
- Court
- Competition Tribunal
- Jurisdiction
- South Africa
- Case Number
- CO077Aug22
- Procedural Posture
- Consent Order / Confirmation of Settlement Agreement
- Outcome
- Consent agreement confirmed as an order of the Tribunal; proceedings between the Commission and respondents are concluded.
- Judges
- I Valodia, Y Carrim, T Vilakazi
- Legal Topics
- Merger Notification, Failure to Notify, Consent Order, Administrative Penalty
Source-derived case record
Summary, issues, holding and outcome
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Parties
Competition Commission of South Africa
Applicant
QCP1 Investments (Pty) Ltd
Respondent
Cape Trans Property Investments (Pty) Ltd
Respondent
Procedural Posture
Consent Order / Confirmation of Settlement Agreement
Legal Issues
- 1 Whether the respondents contravened section 13A(3) of the Competition Act by failing to notify the Commission of a merger.
- 2 Whether the consent agreement should be confirmed as an order of the Tribunal.
Ratio Decidendi
The Tribunal found that the respondents had contravened section 13A(3) of the Competition Act by failing to notify the Commission of a merger. The parties entered into a consent agreement in terms of section 49D of the Act, which was submitted to the Tribunal for confirmation. The Tribunal confirmed the agreement as an order, thereby resolving all proceedings between the Commission and the respondents relating to the contravention. The confirmation of the consent agreement brings the matter to finality and ensures compliance with the Competition Act.
Court Disposition
Consent agreement confirmed as an order of the Tribunal; proceedings between the Commission and respondents are concluded.
Orders
- The consent agreement between the Competition Commission, QCP1 Investments (Pty) Ltd, and Cape Trans Property Investments (Pty) Ltd is confirmed as an order of the Tribunal.
- All proceedings relating to the contravention of section 13A(3) of the Competition Act under CC case number 2022Feb0046 are concluded.
Full Case Text
Judgment text and source record
41 paragraphs
COMPETITION TRIBUNAL REPUBLIC OF SOUTH AFRICA
Case No: CO077Aug22
In the matter between:
The Competition Commission of South Africa
Applicant
And
QCP1 Investments (Pty) Ltd and Cape
Trans Property Investments (Pty) Ltd
Respondent
Panel: I Valodia (Presiding Member) Y Carrim (Tribunal Member) T Vilakazi (Tribunal Member)
Heard on: 22 August 2022
Decided on: 22 August 2022
CONSENT AGREEMENT
The Tribunal hereby confirms the consent agreement concluded between the Competition Commission And QCP1 Investments (Pty) Ltd and Cape Trans Property Investments (Pty) Ltd annexed hereto.
Presiding Member Prof. Imraan Valodia
Date: 22 August 2022
Concurring: Ms Yasmin Carrim And Dr. Thando Vilakazi
Competition Act, on the terms set out below.
IN THE COMPETITION TRIBUNAL OF SOUTH AFRICA
CT Case No:
CC Case No: 2022Feb0046
THE COMPETITION COMMISSION Applicant
and
QCP1 INVESTMENTS (PTY) LTD First
Respondent
CAPE TRANS PROPERTY
INVESTMENTS (PTY) LTD Second
Respondent
CONSENT AGREEMENT IN TERMS OF SECTION 49D OF THE ACT, 1998 (ACT NO. 89 OF 1998), AS AMENDED, BETWEEN THE COMPETITION COMMISSION, QCP1 INVESTMENTS (PTY) LTD AND CAPE TRANS PROPERTY (PTY) LTD IN RESPECT OF AN ALLEGED CONTRAVENTION OF SECTION 13A(3) OF THE COMPETITION ACT, 1998.
PREAMBLE
1. The Competition Commission ("Commission") and QCP1 Investments Proprietary Limited ("QCP1 Investments"), and Cape Trans Property Investments Proprietary Limited ("Cape Trans") hereby agree that application be made to the Competition Tribunal ("Tribunal") for the confirmation of this settlement agreement as a consent order of the Tribunal in terms of section 49D read with sections 58(1)(b) and 59(1)(d) of the Competition Act , on the terms set out below.
2. DEFINITIONS AND INTERPRETATION
2.1 In this document the following expressions bear the meanings assigned to them below and related expressions bear corresponding meanings –
2.1.1 "Agreement' means this agreement duly signed and concluded between the Commission and QCP1 Investments, and Cape Trans that will be referred to the Tribunal for confirmation as a consent order;
2.1.2 "Cape Trans" means Cape Trans Property Investments (Pty) Ltd. Cape Trans is incorporated in terms of the laws of South Africa, with registration number 1992/003793/07 and has its principal place of business at 302 Satbel Centre, 2 De Smidt Street, Cape Town, South Africa;
2.1.3 "Comminion" means the Competition Commission of South Africa, a statutory body established in terms of section 19 of the Competition Act, with its principal place of business at 1st Floor, Mulayo Building (Block C), the DTI campus, 77 Meintjies Street, Sunnyside, Pretoria, Gauteng;
2.1.4 "Competition Act" means the Competition Act 89 of 1998, as amended;
2.1.5 "Commlnioner" means the Competition Commissioner of South Africa, appointed in terms of section 22 of the Competition Act;
This Agreement, upon confirmation as an order by the Tribunal, is entered into in full and final settlement and concludes all proceedings
between the Commission and the Respondents relating to the contravention of section 13A(3) of the Act by the Respondents that were subject of the Commission's investigation under CC case number: 2022Feb0046.
Dated and signed at Cape Town on the 22nd Day of July 2022