Competition Commission v Airports Company South Africa SOC Limited (020982) [2015] ZACT 28 (25 March 2015)

Competition Commission v Airports Company South Africa SOC Limited (020982) [2015] ZACT 28 (25 March 2015)

The Tribunal confirmed the consent agreement between the Competition Commission and Airports Company South Africa SOC Limited, finding that ACSA admitted to engaging in price fixing in contravention of section 4(1)(b)(i) of the Competition Act. The agreement included an administrative penalty of R1,979,881, which does not exceed 10% of ACSA's annual turnover for the relevant financial year. ACSA undertook to implement a competition law compliance programme and refrain from future contraventions. The Tribunal was satisfied that the terms of the consent agreement and addendum were appropriate and in accordance with the Act, and thus confirmed them as an order.

Citation
[2015] ZACT 28
Parties
Applicant: Competition Commission; Respondent: Airports Company South Africa SOC Limited
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
25 March 2015
Case Number
020982
Procedural Posture
Consent Order Application / Order Confirming Consent Agreement
Outcome
Consent agreement and addendum confirmed as an order of the Tribunal. Administrative penalty imposed.
Judges
N Manoim, A Wessels, F Tregenna
Legal Topics
Price Fixing, Administrative Penalty, Consent Agreement, Section 4 1 B Violation
Competition Law Price Fixing Administrative Penalty Consent Agreement Section 4 1 B Violation

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Parties

Competition Commission

Applicant

Airports Company South Africa SOC Limited

Respondent

Procedural Posture

Consent Order Application / Order Confirming Consent Agreement

Legal Issues

  1. 1 Did Airports Company South Africa SOC Limited engage in price fixing in contravention of section 4(1)(b)(i) of the Competition Act?
  2. 2 Should the consent agreement between the parties be confirmed as an order of the Tribunal?
  3. 3 Is the administrative penalty agreed upon appropriate and compliant with the Act?

Ratio Decidendi

The Tribunal confirmed the consent agreement between the Competition Commission and Airports Company South Africa SOC Limited, finding that ACSA admitted to engaging in price fixing in contravention of section 4(1)(b)(i) of the Competition Act. The agreement included an administrative penalty of R1,979,881, which does not exceed 10% of ACSA's annual turnover for the relevant financial year. ACSA undertook to implement a competition law compliance programme and refrain from future contraventions. The Tribunal was satisfied that the terms of the consent agreement and addendum were appropriate and in accordance with the Act, and thus confirmed them as an order.

Court Disposition

Consent agreement and addendum confirmed as an order of the Tribunal. Administrative penalty imposed.

Orders

  • The consent agreement between the Competition Commission and Airports Company South Africa SOC Limited is confirmed as an order of the Tribunal.
  • The addendum to the consent agreement is confirmed as part of the order.