Competition Commission v Bosun Brick Midrand (Pty) Ltd (30/CR/Mar12) [2012] ZACT 96 (21 November 2012)

Competition Commission v Bosun Brick Midrand (Pty) Ltd (30/CR/Mar12) [2012] ZACT 96 (21 November 2012)

The Tribunal confirmed the settlement agreement between the Competition Commission and Bosun Brick Midrand (Pty) Ltd as an order. Bosun Brick admitted to participating in a cartel arrangement with other competitors to fix the selling price of generic paving blocks, in contravention of section 4(1)(b)(i) of the Competition Act. The settlement agreement included an administrative penalty of R1,320,700.36, undertakings regarding future compliance, and cooperation with the Commission in prosecuting remaining respondents. The Tribunal found that the agreement was lawful, addressed the contravention, and was in the public interest. The confirmation of the agreement concluded all proceedings...

Citation
[2012] ZACT 96
Parties
Applicant: Competition Commission; Respondent: Bosun Brick Midrand (Pty) Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
21 November 2012
Case Number
30/CR/Mar12
Procedural Posture
Settlement Confirmation / Order Confirming Settlement Agreement
Outcome
Settlement agreement confirmed as an order of the Tribunal; administrative penalty imposed.
Judges
Y Carrim, M Mokuena, T Madima
Legal Topics
Price Fixing, Administrative Penalty, Corporate Leniency Policy, Settlement Agreement
Competition Law Price Fixing Administrative Penalty Corporate Leniency Policy Settlement Agreement

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Parties

Competition Commission

Applicant

Bosun Brick Midrand (Pty) Ltd

Respondent

Procedural Posture

Settlement Confirmation / Order Confirming Settlement Agreement

Legal Issues

  1. 1 Whether Bosun Brick Midrand (Pty) Ltd contravened section 4(1)(b)(i) of the Competition Act by participating in price fixing of generic paving blocks.
  2. 2 Whether the settlement agreement between the Competition Commission and Bosun Brick Midrand (Pty) Ltd should be confirmed as an order of the Tribunal.
  3. 3 What administrative penalty is appropriate for the admitted contravention.

Ratio Decidendi

The Tribunal confirmed the settlement agreement between the Competition Commission and Bosun Brick Midrand (Pty) Ltd as an order. Bosun Brick admitted to participating in a cartel arrangement with other competitors to fix the selling price of generic paving blocks, in contravention of section 4(1)(b)(i) of the Competition Act. The settlement agreement included an administrative penalty of R1,320,700.36, undertakings regarding future compliance, and cooperation with the Commission in prosecuting remaining respondents. The Tribunal found that the agreement was lawful, addressed the contravention, and was in the public interest. The confirmation of the agreement concluded all proceedings...

Court Disposition

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

Orders

  • The settlement agreement between the Competition Commission and Bosun Brick Midrand (Pty) Ltd is confirmed as an order of the Tribunal.
  • Bosun Brick Midrand (Pty) Ltd is to pay an administrative penalty of R1,320,700.36 within six months of the order.