Competition Commission v Apollo Tyres South Africa (Pty) Ltd (56/CR/Aug10) [2011] ZACT 104; [2012] 1 CPLR 62 (CT) (15 December 2011)

Competition Commission v Apollo Tyres South Africa (Pty) Ltd (56/CR/Aug10) [2011] ZACT 104; [2012] 1 CPLR 62 (CT) (15 December 2011)

The Tribunal confirms the settlement agreement between the Competition Commission and Apollo Tyres South Africa (Pty) Ltd as an order of the Tribunal. The agreement was reached in terms of section 58(1)(a) read with section 59 of the Competition Act, and both parties have consented to its terms. The Tribunal is satisfied that the agreement addresses the alleged contraventions and includes appropriate remedies and penalties. The confirmation of the agreement as an order is consistent with the objectives of the Competition Act and serves the interests of justice.

Citation
[2011] ZACT 104
Parties
Applicant: Competition Commission; Respondent: Apollo Tyres South Africa (Pty) Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
15 December 2011
Case Number
56/CR/Aug10
Procedural Posture
Settlement Application / Order Confirming Settlement Agreement
Outcome
Settlement agreement confirmed as an order of the Tribunal.
Judges
N Manoim, Y Carrim, A Wessels
Legal Topics
Settlement Agreement, Consent Order, Administrative Penalty, Section 58 Competition Act
Competition Law Settlement Agreement Consent Order Administrative Penalty Section 58 Competition Act

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Competition Commission

Applicant

Apollo Tyres South Africa (Pty) Ltd

Respondent

Procedural Posture

Settlement Application / Order Confirming Settlement Agreement

Legal Issues

  1. 1 Whether the settlement agreement between the Competition Commission and Apollo Tyres South Africa (Pty) Ltd should be confirmed as an order of the Tribunal under section 58(1)(a) read with section 59 of the Competition Act.

Ratio Decidendi

The Tribunal confirms the settlement agreement between the Competition Commission and Apollo Tyres South Africa (Pty) Ltd as an order of the Tribunal. The agreement was reached in terms of section 58(1)(a) read with section 59 of the Competition Act, and both parties have consented to its terms. The Tribunal is satisfied that the agreement addresses the alleged contraventions and includes appropriate remedies and penalties. The confirmation of the agreement as an order is consistent with the objectives of the Competition Act and serves the interests of justice.

Court Disposition

Settlement agreement confirmed as an order of the Tribunal.

Orders

  • The settlement agreement between the Competition Commission and Apollo Tyres South Africa (Pty) Ltd is confirmed as an order of the Tribunal.
  • The terms of the agreement, including any administrative penalty and remedies, are binding on the parties.