Competition Commission v Faurecia Emissions Control Technologies South Africa (Pty) Ltd (CO023May20; 2014Nov0688) [2020] ZACT 102 (18 May 2020)

Competition Commission v Faurecia Emissions Control Technologies South Africa (Pty) Ltd (CO023May20; 2014Nov0688) [2020] ZACT 102 (18 May 2020)

The Tribunal confirmed the consent agreement between the Competition Commission and Faurecia Emissions Control Technologies South Africa (Pty) Ltd. Faurecia admitted to contravening section 4(1)(b)(ii) and (iii) of the Competition Act by engaging in market division and collusive tendering with Eberspacher in respect of a Daimler AG tender. The Tribunal found that the consent agreement, including Faurecia's undertakings to cooperate, implement compliance measures, and pay an administrative penalty of R66,885.66, was appropriate and in accordance with the Act. The order concludes all proceedings between the Commission and Faurecia in respect of the investigation under case number 2014Nov0688.

Citation
[2020] ZACT 102
Parties
Applicant: The Competition Commission; Respondent: Faurecia Emissions Control Technologies South Africa (Pty) Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
18 May 2020
Case Number
CO023May20
Procedural Posture
Consent Order Application / Order Confirming Consent Agreement
Outcome
Consent agreement confirmed as an order of the Tribunal. Administrative penalty imposed. Proceedings between the Commission and Faurecia concluded.
Judges
E Daniels, I Valodia, T Vilakazi
Legal Topics
Collusive Tendering, Market Division, Price Fixing, Administrative Penalty, Consent Agreement
Competition Law Collusive Tendering Market Division Price Fixing Administrative Penalty Consent Agreement

Case Brief

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Parties

The Competition Commission

Applicant

Faurecia Emissions Control Technologies South Africa (Pty) Ltd

Respondent

Procedural Posture

Consent Order Application / Order Confirming Consent Agreement

Legal Issues

  1. 1 Whether Faurecia engaged in prohibited practices in contravention of section 4(1)(b)(ii) and (iii) of the Competition Act, 1998.
  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 compliant with the Act.

Ratio Decidendi

The Tribunal confirmed the consent agreement between the Competition Commission and Faurecia Emissions Control Technologies South Africa (Pty) Ltd. Faurecia admitted to contravening section 4(1)(b)(ii) and (iii) of the Competition Act by engaging in market division and collusive tendering with Eberspacher in respect of a Daimler AG tender. The Tribunal found that the consent agreement, including Faurecia's undertakings to cooperate, implement compliance measures, and pay an administrative penalty of R66,885.66, was appropriate and in accordance with the Act. The order concludes all proceedings between the Commission and Faurecia in respect of the investigation under case number 2014Nov0688.

Court Disposition

Consent agreement confirmed as an order of the Tribunal. Administrative penalty imposed. Proceedings between the Commission and Faurecia concluded.

Orders

  • The consent agreement between the Competition Commission and Faurecia Emissions Control Technologies South Africa (Pty) Ltd is confirmed as an order of the Tribunal.
  • Faurecia shall pay an administrative penalty of R66,885.66 to the Commission within 30 days of confirmation of the order.