Competition Commission v Anix Trading 799 CC and Others (07/CR/Mar10) [2010] ZACT 43; [2010] 2 CPLR 254 (CT) (7 July 2010)

Competition Commission v Anix Trading 799 CC and Others (07/CR/Mar10) [2010] ZACT 43; [2010] 2 CPLR 254 (CT) (7 July 2010)

The Tribunal confirmed the settlement agreement between the Competition Commission and Anix Trading 739 CC as an order. The respondent admitted to contravening section 4(1)(b)(iii) of the Competition Act by engaging in collusive tendering with Zedex Trading 799 CC in relation to a government tender. The respondent agreed to pay an administrative penalty of R20,000 within 90 days and undertook not to engage in similar conduct in future. The Tribunal found that the requirements for confirmation of a consent order under the Competition Act were satisfied, and the penalty was appropriate given the admission and cooperation of the respondent.

Citation
[2010] ZACT 43
Parties
Applicant: Competition Commission; Respondent: Anix Trading 739 CC; Respondent: Zedex Trading 799 CC
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
7 July 2010
Case Number
07/CR/Mar10
Procedural Posture
Settlement Confirmation / Order Confirming Settlement Agreement
Outcome
Settlement agreement confirmed as an order of the Tribunal; administrative penalty imposed.
Judges
N Manoim, Y Carrim, A Wessels
Legal Topics
Collusive Tendering, Administrative Penalty, Section 4 1 B Iii, Settlement Agreement, Consent Order
Competition Law Collusive Tendering Administrative Penalty Section 4 1 B Iii Settlement Agreement Consent Order

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Parties

Competition Commission

Applicant

Anix Trading 739 CC

Respondent

Zedex Trading 799 CC

Respondent

Procedural Posture

Settlement Confirmation / Order Confirming Settlement Agreement

Legal Issues

  1. 1 Whether Anix Trading 739 CC contravened section 4(1)(b)(iii) of the Competition Act by engaging in collusive tendering with Zedex Trading 799 CC.
  2. 2 Whether the settlement agreement between the Competition Commission and Anix Trading 739 CC should be confirmed as an order of the Tribunal.
  3. 3 Whether Anix Trading 739 CC is liable for an administrative penalty under the Competition Act.

Ratio Decidendi

The Tribunal confirmed the settlement agreement between the Competition Commission and Anix Trading 739 CC as an order. The respondent admitted to contravening section 4(1)(b)(iii) of the Competition Act by engaging in collusive tendering with Zedex Trading 799 CC in relation to a government tender. The respondent agreed to pay an administrative penalty of R20,000 within 90 days and undertook not to engage in similar conduct in future. The Tribunal found that the requirements for confirmation of a consent order under the Competition Act were satisfied, and the penalty was appropriate given the admission and cooperation of the respondent.

Court Disposition

Settlement agreement confirmed as an order of the Tribunal; administrative penalty imposed.

Orders

  • The settlement agreement between the Competition Commission and Anix Trading 739 CC is confirmed as an order of the Tribunal.
  • Anix Trading 739 CC shall pay an administrative penalty of R20,000 within 90 days of confirmation of this order.