Competition Commission v Basil Read Holdings Limited (CO165Oct15) [2015] ZACT 85; [2015] 2 CPLR 515 (CT) (18 November 2015)

Competition Commission v Basil Read Holdings Limited (CO165Oct15) [2015] ZACT 85; [2015] 2 CPLR 515 (CT) (18 November 2015)

The Tribunal confirmed the consent agreement between the Competition Commission and Basil Read Holdings Limited. Basil Read admitted to engaging in collusive tendering, price fixing, and market allocation in contravention of section 4(1)(b)(iii) of the Competition Act. Basil Read qualified for conditional immunity under the Corporate Leniency Policy by providing truthful disclosure, ceasing the prohibited conduct, and undertaking to cooperate with the Commission in future proceedings. The Tribunal found that the consent agreement was in line with the objectives of the Act, promoted transparency and efficiency in the construction industry, and provided for appropriate compliance measures...

Citation
[2015] ZACT 85
Parties
Applicant: Competition Commission; Respondent: Basil Read Holdings Limited
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
18 November 2015
Case Number
CO165Oct15
Procedural Posture
Consent Order / Confirmation of Consent Agreement
Outcome
Consent agreement confirmed as an order of the Tribunal. Basil Read Holdings Limited admitted contravention and undertook compliance measures.
Judges
Y Carrim, M Mazwai, F Tregenna
Legal Topics
Collusive Tendering, Price Fixing, Market Allocation, Corporate Leniency Policy, Section 4 1 B Iii Contravention
Competition Law Collusive Tendering Price Fixing Market Allocation Corporate Leniency Policy Section 4 1 B Iii Contravention

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Parties

Competition Commission

Applicant

Basil Read Holdings Limited

Respondent

Procedural Posture

Consent Order / Confirmation of Consent Agreement

Legal Issues

  1. 1 Whether Basil Read Holdings Limited 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 Basil Read Holdings Limited should be confirmed as an order of the Tribunal.
  3. 3 Whether Basil Read Holdings Limited qualifies for conditional immunity under the Corporate Leniency Policy.

Ratio Decidendi

The Tribunal confirmed the consent agreement between the Competition Commission and Basil Read Holdings Limited. Basil Read admitted to engaging in collusive tendering, price fixing, and market allocation in contravention of section 4(1)(b)(iii) of the Competition Act. Basil Read qualified for conditional immunity under the Corporate Leniency Policy by providing truthful disclosure, ceasing the prohibited conduct, and undertaking to cooperate with the Commission in future proceedings. The Tribunal found that the consent agreement was in line with the objectives of the Act, promoted transparency and efficiency in the construction industry, and provided for appropriate compliance measures...

Court Disposition

Consent agreement confirmed as an order of the Tribunal. Basil Read Holdings Limited admitted contravention and undertook compliance measures.

Orders

  • The consent agreement between the Competition Commission and Basil Read Holdings Limited is confirmed as an order of the Tribunal.
  • Basil Read Holdings Limited shall implement and monitor a competition law compliance programme.