Competition Commission v B And E International (Pty) Ltd (019091) [2014] ZACT 17 (24 July 2014)

Competition Commission v B And E International (Pty) Ltd (019091) [2014] ZACT 17 (24 July 2014)

The Tribunal found that B & E International (Pty) Ltd admitted to engaging in collusive tendering by providing a cover price to Grinaker-LTA in respect of the Braamhoek Quarry Dam tender, thereby contravening section 4(1)(b)(iii) of the Competition Act. The respondent cooperated fully with the Commission, ceased the prohibited conduct, and undertook to implement a compliance programme. The Tribunal was satisfied that the consent agreement, including the administrative penalty of R8,158,447 (representing 2% of annual turnover), was appropriate and in accordance with the Act. The Tribunal confirmed the consent agreement as an order, thereby concluding all proceedings between the parties in...

Citation
[2014] ZACT 17
Parties
Applicant: Competition Commission; Respondent: B & E International (Pty) Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
24 July 2014
Case Number
019091
Procedural Posture
Consent Order Application / Order Confirming Consent Agreement
Outcome
Consent agreement confirmed as an order of the Tribunal. Administrative penalty imposed.
Judges
N Manoim, T Madima, A Roskam
Legal Topics
Collusive Tendering, Price Fixing, Market Allocation, Administrative Penalty, Consent Agreement
Competition Law Collusive Tendering Price Fixing Market Allocation Administrative Penalty Consent Agreement

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 3 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Competition Commission

Applicant

B & E International (Pty) Ltd

Respondent

Procedural Posture

Consent Order Application / Order Confirming Consent Agreement

Legal Issues

  1. 1 Whether B & E International (Pty) Ltd contravened section 4(1)(b)(iii) of the Competition Act by engaging in collusive tendering.
  2. 2 Whether the consent agreement between the Competition Commission and B & E International (Pty) Ltd should be confirmed as an order of the Tribunal.
  3. 3 Whether the administrative penalty imposed is appropriate and in accordance with the Act.

Ratio Decidendi

The Tribunal found that B & E International (Pty) Ltd admitted to engaging in collusive tendering by providing a cover price to Grinaker-LTA in respect of the Braamhoek Quarry Dam tender, thereby contravening section 4(1)(b)(iii) of the Competition Act. The respondent cooperated fully with the Commission, ceased the prohibited conduct, and undertook to implement a compliance programme. The Tribunal was satisfied that the consent agreement, including the administrative penalty of R8,158,447 (representing 2% of annual turnover), was appropriate and in accordance with the Act. The Tribunal confirmed the consent agreement as an order, thereby concluding all proceedings between the parties in...

Court Disposition

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

Orders

  • The consent agreement between the Competition Commission and B & E International (Pty) Ltd is confirmed as an order of the Tribunal.
  • B & E International (Pty) Ltd shall pay an administrative penalty of R8,158,447 to the Competition Commission within 30 days of confirmation of the order.