Competition Commission v Key Moves CC (CO227Feb16) [2015] ZACT 146 (25 August 2015)

Competition Commission v Key Moves CC (CO227Feb16) [2015] ZACT 146 (25 August 2015)

The Tribunal confirmed the consent agreement between the Competition Commission and Key Moves CC, finding that Key Moves CC admitted to engaging in collusive tendering through cover pricing in contravention of section 4(1)(b)(iii) of the Competition Act. The Tribunal accepted the terms of the agreement, including the respondent's undertakings to cooperate with the Commission, implement a compliance programme, refrain from future contraventions, and pay an administrative penalty amounting to 4% of its annual turnover for the financial year ended 2014. The Tribunal held that the agreement constituted a full and final settlement of the conduct described and concluded all proceedings between...

Citation
[2015] ZACT 146
Parties
Applicant: Competition Commission; Respondent: Key Moves CC
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
25 August 2015
Case Number
CO227Feb16
Procedural Posture
Consent Order / Confirmation of Consent Agreement
Outcome
Consent agreement confirmed as an order of the Tribunal. Administrative penalty imposed.
Judges
N Manoim, I Valodia, F Tregenna
Legal Topics
Collusive Tendering, Administrative Penalty, Cover Pricing, Section 4 1 B Iii, Compliance Programme
Competition Law Collusive Tendering Administrative Penalty Cover Pricing Section 4 1 B Iii Compliance Programme

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Parties

Competition Commission

Applicant

Key Moves CC

Respondent

Procedural Posture

Consent Order / Confirmation of Consent Agreement

Legal Issues

  1. 1 Whether Key Moves CC engaged in collusive tendering in contravention of section 4(1)(b)(iii) of the Competition Act.
  2. 2 Whether the consent agreement between the Commission and Key Moves CC should be confirmed as an order of the Tribunal.
  3. 3 Whether Key Moves CC is liable to pay an administrative penalty for its conduct.

Ratio Decidendi

The Tribunal confirmed the consent agreement between the Competition Commission and Key Moves CC, finding that Key Moves CC admitted to engaging in collusive tendering through cover pricing in contravention of section 4(1)(b)(iii) of the Competition Act. The Tribunal accepted the terms of the agreement, including the respondent's undertakings to cooperate with the Commission, implement a compliance programme, refrain from future contraventions, and pay an administrative penalty amounting to 4% of its annual turnover for the financial year ended 2014. The Tribunal held that the agreement constituted a full and final settlement of the conduct described and concluded all proceedings between...

Court Disposition

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

Orders

  • The consent agreement between the Competition Commission and Key Moves CC is confirmed as an order of the Tribunal.
  • Key Moves CC is to pay an administrative penalty of R216,249 to the Commission in two equal instalments over six months.