Competition Commission v Cytek Cycle Distributors CC (73/CR/JUL12) [2013] ZACT 39 (30 May 2013)

Competition Commission v Cytek Cycle Distributors CC (73/CR/JUL12) [2013] ZACT 39 (30 May 2013)

The Tribunal confirmed the settlement agreement between the Commission and Cytek Cycle Distributors CC as an order. Cytek admitted to contravening section 4(1)(b)(i) of the Competition Act by participating in cartel conduct involving price fixing and trading conditions with other cycling retailers and wholesalers. The agreement included Cytek's undertaking to cooperate with the Commission in prosecuting other respondents, to refrain from future cartel conduct, and to implement ongoing competition law compliance training. The Tribunal found the terms of the settlement agreement appropriate and in accordance with the Act, thereby concluding all proceedings between the Commission and Cytek...

Citation
[2013] ZACT 39
Parties
Applicant: Competition Commission; Respondent: Cytek Cycle Distributors CC
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
30 May 2013
Case Number
73/CR/JUL12
Procedural Posture
Consent Order / Confirmation of Settlement Agreement
Outcome
Settlement agreement confirmed as an order of the Tribunal; proceedings between the Commission and Cytek concluded.
Judges
N Manoim, M Mokuena, I Valodia
Legal Topics
Price Fixing, Cartel Conduct, Section 4 Competition Act, Consent Order, Settlement Agreement
Competition Law Price Fixing Cartel Conduct Section 4 Competition Act Consent Order Settlement Agreement

Case Brief

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Parties

Competition Commission

Applicant

Cytek Cycle Distributors CC

Respondent

Procedural Posture

Consent Order / Confirmation of Settlement Agreement

Legal Issues

  1. 1 Did Cytek Cycle Distributors CC contravene section 4(1)(b)(i) of the Competition Act by engaging in price fixing and cartel conduct with other cycling retailers and wholesalers?
  2. 2 Should the settlement agreement between the Commission and Cytek be confirmed as an order of the Tribunal?

Ratio Decidendi

The Tribunal confirmed the settlement agreement between the Commission and Cytek Cycle Distributors CC as an order. Cytek admitted to contravening section 4(1)(b)(i) of the Competition Act by participating in cartel conduct involving price fixing and trading conditions with other cycling retailers and wholesalers. The agreement included Cytek's undertaking to cooperate with the Commission in prosecuting other respondents, to refrain from future cartel conduct, and to implement ongoing competition law compliance training. The Tribunal found the terms of the settlement agreement appropriate and in accordance with the Act, thereby concluding all proceedings between the Commission and Cytek...

Court Disposition

Settlement agreement confirmed as an order of the Tribunal; proceedings between the Commission and Cytek concluded.

Orders

  • The main settlement agreement dated 12 March 2013 is confirmed as an order of the Tribunal.
  • Annexure 'A' dated 29 May 2013 is confirmed as part of the order.