Competition Commission v Casalinga Investments CC Trading as Waste Rite (CR133Sep15/SA218Nov18) [2018] ZACT 82 (28 November 2018)

Competition Commission v Casalinga Investments CC Trading as Waste Rite (CR133Sep15/SA218Nov18) [2018] ZACT 82 (28 November 2018)

The Tribunal found that Waste Rite admitted to collusive tendering and price fixing in contravention of section 4(1)(b)(i) and (iii) of the Competition Act. The parties entered into a consent agreement, which included an administrative penalty less than 10% of Waste Rite's annual turnover for 2015. Waste Rite ceased trading and undertook not to engage in future collusion, and its sole member agreed to cooperate with the Commission in prosecuting Crossmoor Transport. The Tribunal was satisfied that the consent agreement met the requirements of the Act and confirmed it as an order, thereby concluding all proceedings between the Commission and Waste Rite regarding the admitted conduct.

Citation
[2018] ZACT 82
Parties
Applicant: Competition Commission; Respondent: Casalinga Investments CC Trading as Waste Rite
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
28 November 2018
Case Number
CR133Sep15/SA218Nov18
Procedural Posture
Settlement Application / Consent Agreement Confirmation
Outcome
The consent agreement between the Competition Commission and Casalinga Investments CC trading as Waste Rite is confirmed as an order of the Tribunal.
Judges
N Manoim, A Ndoni, F Tregenna
Legal Topics
Collusive Tendering, Price Fixing, Administrative Penalty, Consent Agreement, Contravention of Section 4
Competition Law Collusive Tendering Price Fixing Administrative Penalty Consent Agreement Contravention of Section 4

Case Brief

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Parties

Competition Commission

Applicant

Casalinga Investments CC Trading as Waste Rite

Respondent

Procedural Posture

Settlement Application / Consent Agreement Confirmation

Legal Issues

  1. 1 Whether Casalinga Investments CC trading as Waste Rite contravened section 4(1)(b)(i) and (iii) of the Competition Act by collusive tendering and price fixing.
  2. 2 Whether the consent agreement between the Competition Commission and Waste Rite should be confirmed as an order of the Tribunal.
  3. 3 Whether the administrative penalty agreed upon is appropriate under the circumstances.

Ratio Decidendi

The Tribunal found that Waste Rite admitted to collusive tendering and price fixing in contravention of section 4(1)(b)(i) and (iii) of the Competition Act. The parties entered into a consent agreement, which included an administrative penalty less than 10% of Waste Rite's annual turnover for 2015. Waste Rite ceased trading and undertook not to engage in future collusion, and its sole member agreed to cooperate with the Commission in prosecuting Crossmoor Transport. The Tribunal was satisfied that the consent agreement met the requirements of the Act and confirmed it as an order, thereby concluding all proceedings between the Commission and Waste Rite regarding the admitted conduct.

Court Disposition

The consent agreement between the Competition Commission and Casalinga Investments CC trading as Waste Rite is confirmed as an order of the Tribunal.

Orders

  • The consent agreement annexed as 'A' is confirmed as an order of the Tribunal.
  • Waste Rite is liable to pay an administrative penalty of R225,690 to the Competition Commission within 30 days of confirmation of the consent agreement.