Competition Commission v Global Sustainable Risk Control Management (Pty) Ltd (CR031Jun15) [2016] ZACT 111; [2016] 2 CPLR 638 (CT) (4 October 2016)

Competition Commission v Global Sustainable Risk Control Management (Pty) Ltd (CR031Jun15) [2016] ZACT 111; [2016] 2 CPLR 638 (CT) (4 October 2016)

The Tribunal confirmed the consent agreement between the Competition Commission and GSRCM, finding that GSRCM had admitted to price-fixing in contravention of section 4(1)(b)(i) of the Competition Act. The administrative penalty of R393,626.40, representing 5% of GSRCM's annual turnover for 2013 and not exceeding the statutory maximum of 10%, was deemed appropriate. The Tribunal ordered GSRCM to pay the penalty in four equal instalments and to refrain from future contraventions. The confirmation of the consent agreement concludes all proceedings between the Commission and GSRCM under the relevant case number.

Citation
[2016] ZACT 111
Parties
Applicant: Competition Commission; Respondent: Global Sustainable Risk Control Management (Pty) Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
4 October 2016
Case Number
CR031Jun15
Procedural Posture
Consent Order Application / Order Confirming Consent Agreement
Outcome
Consent agreement confirmed as an order of the Tribunal; administrative penalty imposed and payment schedule approved.
Judges
Y Carrim, M Mazwai, M Mokuena
Legal Topics
Price Fixing, Administrative Penalty, Consent Agreement, Section 4 1 B Infringement
Competition Law Price Fixing Administrative Penalty Consent Agreement Section 4 1 B Infringement

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Parties

Competition Commission

Applicant

Global Sustainable Risk Control Management (Pty) Ltd

Respondent

Procedural Posture

Consent Order Application / Order Confirming Consent Agreement

Legal Issues

  1. 1 Did Global Sustainable Risk Control Management (Pty) Ltd engage in price-fixing in contravention of section 4(1)(b)(i) of the Competition Act?
  2. 2 Is the administrative penalty agreed upon appropriate and within statutory limits?
  3. 3 Should the consent agreement be confirmed as an order of the Tribunal?

Ratio Decidendi

The Tribunal confirmed the consent agreement between the Competition Commission and GSRCM, finding that GSRCM had admitted to price-fixing in contravention of section 4(1)(b)(i) of the Competition Act. The administrative penalty of R393,626.40, representing 5% of GSRCM's annual turnover for 2013 and not exceeding the statutory maximum of 10%, was deemed appropriate. The Tribunal ordered GSRCM to pay the penalty in four equal instalments and to refrain from future contraventions. The confirmation of the consent agreement concludes all proceedings between the Commission and GSRCM under the relevant case number.

Court Disposition

Consent agreement confirmed as an order of the Tribunal; administrative penalty imposed and payment schedule approved.

Orders

  • The consent agreement between the Competition Commission and Global Sustainable Risk Control Management (Pty) Ltd is confirmed as an order of the Tribunal.
  • GSRCM is ordered to pay an administrative penalty of R393,626.40 to the Commission in four instalments over twelve months.