Competition Commission v G Liviero & Son Building (Pty) Ltd (016964) [2013] ZACT 67 (22 July 2013)

Competition Commission v G Liviero & Son Building (Pty) Ltd (016964) [2013] ZACT 67 (22 July 2013)

The Tribunal confirmed the consent agreement between the Competition Commission and G Liviero & Son Building (Pty) Ltd as an order. The respondent admitted to engaging in collusive tendering in two projects, in contravention of section 4(1)(b)(iii) of the Competition Act. The respondent provided full disclosure and cooperation, ceased prohibited practices, and agreed to pay an administrative penalty calculated in accordance with the Commission's Invitation. The Tribunal found the agreement to be compliant with the Act and the requirements for settlement, and that the penalty was appropriate. The order concludes all proceedings between the parties in respect of the specified conduct.

Citation
[2013] ZACT 67
Parties
Applicant: Competition Commission; Respondent: G Liviero & Son Building (Pty) Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
22 July 2013
Case Number
016964
Procedural Posture
Consent Order Application / Application for Confirmation of Consent Agreement
Outcome
Consent agreement confirmed as an order of the Tribunal; administrative penalty imposed.
Judges
N Manoim, Y Carrim, T Madima
Legal Topics
Collusive Tendering, Administrative Penalty, Corporate Leniency Policy, Bid Rigging
Competition Law Commercial and Corporate Collusive Tendering Administrative Penalty Corporate Leniency Policy Bid Rigging

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Parties

Competition Commission

Applicant

G Liviero & Son Building (Pty) Ltd

Respondent

Procedural Posture

Consent Order Application / Application for Confirmation of Consent Agreement

Legal Issues

  1. 1 Did G Liviero & Son Building (Pty) Ltd contravene section 4(1)(b)(iii) of the Competition Act by engaging in collusive tendering?
  2. 2 Is the consent agreement between the Competition Commission and G Liviero & Son Building (Pty) Ltd compliant with the requirements of the Competition Act and the Commission's Invitation to Settlement?
  3. 3 Is the administrative penalty agreed upon appropriate and calculated in accordance with the Invitation and the Act?

Ratio Decidendi

The Tribunal confirmed the consent agreement between the Competition Commission and G Liviero & Son Building (Pty) Ltd as an order. The respondent admitted to engaging in collusive tendering in two projects, in contravention of section 4(1)(b)(iii) of the Competition Act. The respondent provided full disclosure and cooperation, ceased prohibited practices, and agreed to pay an administrative penalty calculated in accordance with the Commission's Invitation. The Tribunal found the agreement to be compliant with the Act and the requirements for settlement, and that the penalty was appropriate. The order concludes all proceedings between the parties in respect of the specified conduct.

Court Disposition

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

Orders

  • The consent agreement between the Competition Commission and G Liviero & Son Building (Pty) Ltd is confirmed as an order of the Tribunal.
  • G Liviero & Son Building (Pty) Ltd shall pay an administrative penalty of R2,011,078 in three instalments as specified in the agreement.