Competition Commission v Compania Americana De Vapores S.A. (CO189Nov15) [2015] ZACT 127; [2015] 2 CPLR 527 (CT) (9 December 2015)

Competition Commission v Compania Americana De Vapores S.A. (CO189Nov15) [2015] ZACT 127; [2015] 2 CPLR 527 (CT) (9 December 2015)

The Tribunal confirmed the consent agreement between the Competition Commission and Compania Sud Americana De Vapores S.A. after finding that CSAV admitted to engaging in prohibited practices of price fixing, market division, and collusive tendering in relation to the 2010 General Motors tender. The agreement includes payment of an administrative penalty amounting to R8,813,227.14, which is 6% of the value of the 2010 GM contract and does not exceed the statutory maximum. CSAV undertook to cooperate with the Commission in ongoing investigations, implement a compliance programme, and refrain from future contraventions. The order concludes all proceedings between the Commission and CSAV in...

Citation
[2015] ZACT 127
Parties
Applicant: Competition Commission; Respondent: Compania Sud Americana De Vapores S.A.
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
9 December 2015
Case Number
C0189Nov15
Procedural Posture
Consent Order / Confirmation of Consent Agreement
Outcome
Consent agreement confirmed as an order of the Tribunal. Administrative penalty imposed and undertakings for future compliance accepted.
Judges
A Wessels, I Valodia, A Ndoni
Legal Topics
Collusive Tendering, Price Fixing, Market Division, Administrative Penalty, Consent Agreement
Competition Law Commercial and Corporate Collusive Tendering Price Fixing Market Division Administrative Penalty Consent Agreement

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Parties

Competition Commission

Applicant

Compania Sud Americana De Vapores S.A.

Respondent

Procedural Posture

Consent Order / Confirmation of Consent Agreement

Legal Issues

  1. 1 Whether Compania Sud Americana De Vapores S.A. engaged in prohibited practices of price fixing, market division, and collusive tendering in contravention of section 4(1)(b) of the Competition Act.
  2. 2 Whether the consent agreement should be confirmed as an order of the Tribunal.
  3. 3 Whether the administrative penalty imposed is appropriate and within statutory limits.

Ratio Decidendi

The Tribunal confirmed the consent agreement between the Competition Commission and Compania Sud Americana De Vapores S.A. after finding that CSAV admitted to engaging in prohibited practices of price fixing, market division, and collusive tendering in relation to the 2010 General Motors tender. The agreement includes payment of an administrative penalty amounting to R8,813,227.14, which is 6% of the value of the 2010 GM contract and does not exceed the statutory maximum. CSAV undertook to cooperate with the Commission in ongoing investigations, implement a compliance programme, and refrain from future contraventions. The order concludes all proceedings between the Commission and CSAV in...

Court Disposition

Consent agreement confirmed as an order of the Tribunal. Administrative penalty imposed and undertakings for future compliance accepted.

Orders

  • The consent agreement between the Competition Commission and Compania Sud Americana De Vapores S.A. is confirmed as an order of the Tribunal.
  • Compania Sud Americana De Vapores S.A. must pay an administrative penalty of R8,813,227.14 to the Competition Commission within thirty days of confirmation.