Competition Commission v Albatros Fishing & Cycling (Sole Proprietorship) Previously named Winners Cycles (Pty) Ltd (CR049Jul12/SA209Feb15 (020800)) [2015] ZACT 39 (29 April 2015)

Competition Commission v Albatros Fishing & Cycling (Sole Proprietorship) Previously named Winners Cycles (Pty) Ltd (CR049Jul12/SA209Feb15 (020800)) [2015] ZACT 39 (29 April 2015)

The Tribunal found that Albatros Fishing & Cycling, together with other respondents, engaged in conduct that contravened section 4(1)(b)(i) of the Competition Act by participating in meetings where price fixing and other anti-competitive practices were discussed and agreed upon. Albatros admitted to the contravention and agreed to cooperate with the Commission, desist from future cartel conduct, and implement compliance measures. The Tribunal was satisfied that the consent agreement addressed the contravention and provided adequate undertakings to prevent recurrence. Accordingly, the Tribunal confirmed the consent agreement as an order, thereby concluding all proceedings between the...

Citation
[2015] ZACT 39
Parties
Applicant: Competition Commission; Respondent: Albatros Fishing & Cycling (Sole Proprietorship) Previously named Winners Cycles (Pty) Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
29 April 2015
Case Number
CR049Jul12/SA209Feb15 (020800)
Procedural Posture
Settlement Application / Order Confirming Consent Agreement
Outcome
Consent agreement confirmed as an order of the Tribunal; proceedings between the Commission and Albatros concluded.
Judges
A Roskam, I Valodia, A Ndoni
Legal Topics
Price Fixing, Cartel Conduct, Section 4 1 B I, Consent Agreement, Compliance Training
Competition Law Price Fixing Cartel Conduct Section 4 1 B I Consent Agreement Compliance Training

Case Brief

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Parties

Competition Commission

Applicant

Albatros Fishing & Cycling (Sole Proprietorship) Previously named Winners Cycles (Pty) Ltd

Respondent

Procedural Posture

Settlement Application / Order Confirming Consent Agreement

Legal Issues

  1. 1 Whether Albatros Fishing & Cycling contravened section 4(1)(b)(i) of the Competition Act by engaging in price fixing and cartel conduct.
  2. 2 Whether the consent agreement between the Competition Commission and Albatros should be confirmed as an order of the Tribunal.
  3. 3 What undertakings and compliance measures are required from Albatros to prevent future contraventions.

Ratio Decidendi

The Tribunal found that Albatros Fishing & Cycling, together with other respondents, engaged in conduct that contravened section 4(1)(b)(i) of the Competition Act by participating in meetings where price fixing and other anti-competitive practices were discussed and agreed upon. Albatros admitted to the contravention and agreed to cooperate with the Commission, desist from future cartel conduct, and implement compliance measures. The Tribunal was satisfied that the consent agreement addressed the contravention and provided adequate undertakings to prevent recurrence. Accordingly, the Tribunal confirmed the consent agreement as an order, thereby concluding all proceedings between the...

Court Disposition

Consent agreement confirmed as an order of the Tribunal; proceedings between the Commission and Albatros concluded.

Orders

  • The consent agreement between the Competition Commission and Albatros Fishing & Cycling (Sole Proprietorship), previously named Winners Cycles (Pty) Ltd, is confirmed as an order of the Tribunal.
  • Albatros must cooperate with the Commission in relation to the prosecution of other respondents.