Competition Commission v Albatross Fishing & Cycling (Sole Proprietorship) (CR049Jul12/SA209Feb15 (020800)) [2015] ZACT 41; [2015] 1 CPLR 152 (CT) (29 April 2015)

Competition Commission v Albatross Fishing & Cycling (Sole Proprietorship) (CR049Jul12/SA209Feb15 (020800)) [2015] ZACT 41; [2015] 1 CPLR 152 (CT) (29 April 2015)

The Tribunal found that Albatros Fishing & Cycling admitted to participating in conduct that contravened section 4(1)(b)(i) of the Competition Act by engaging in price-fixing and related cartel activities with other cycling retailers and wholesalers. The consent agreement, which included undertakings by Albatros to cooperate with the Commission, refrain from future cartel conduct, and implement compliance training, was deemed appropriate and in line with the objectives of the Act. The Tribunal confirmed the consent agreement as an order, thereby concluding all proceedings between the Commission and Albatros relating to the alleged contraventions.

Citation
[2015] ZACT 41
Parties
Applicant: Competition Commission; Respondent: Albatros Fishing & Cycling (Sole Proprietorship)
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
29 April 2015
Case Number
CR049Jul12/SA209Feb15 (020800)
Procedural Posture
Settlement Application / Consent Agreement Confirmation Before Tribunal
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
Cartel Conduct, Price Fixing, Section 4 1 B I, Consent Agreement, Compliance Training
Competition Law Cartel Conduct Price Fixing Section 4 1 B I Consent Agreement Compliance Training

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Parties

Competition Commission

Applicant

Albatros Fishing & Cycling (Sole Proprietorship)

Respondent

Procedural Posture

Settlement Application / Consent Agreement Confirmation Before Tribunal

Legal Issues

  1. 1 Did Albatros Fishing & Cycling contravene section 4(1)(b)(i) of the Competition Act by participating in price-fixing agreements?
  2. 2 Should the consent agreement between the Commission and Albatros be confirmed as an order of the Tribunal?
  3. 3 What undertakings must Albatros provide to ensure future compliance with the Competition Act?

Ratio Decidendi

The Tribunal found that Albatros Fishing & Cycling admitted to participating in conduct that contravened section 4(1)(b)(i) of the Competition Act by engaging in price-fixing and related cartel activities with other cycling retailers and wholesalers. The consent agreement, which included undertakings by Albatros to cooperate with the Commission, refrain from future cartel conduct, and implement compliance training, was deemed appropriate and in line with the objectives of the Act. The Tribunal confirmed the consent agreement as an order, thereby concluding all proceedings between the Commission and Albatros relating to the alleged contraventions.

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 is confirmed as an order of the Tribunal.
  • Albatros Fishing & Cycling must cooperate with the Commission in future investigations and prosecutions related to the complaint.