Competition Commission v Mailot Jaune Trading (Pty) Ltd (CR049Jul12/SA115Nov14 (019869)) [2015] ZACT 44; [2015] 1 CPLR 174 (CT) (29 April 2015)

Competition Commission v Mailot Jaune Trading (Pty) Ltd (CR049Jul12/SA115Nov14 (019869)) [2015] ZACT 44; [2015] 1 CPLR 174 (CT) (29 April 2015)

The Tribunal found that Mailot Jaune Trading (Pty) Ltd admitted to participating in conduct that contravened section 4(1)(b)(i) of the Competition Act by engaging in price fixing and cartel activities with other cycling retailers and wholesalers. The settlement agreement, which included admissions, undertakings for future compliance, and cooperation with the Commission, was deemed appropriate and in line with the objectives of the Act. The Tribunal confirmed the consent agreement as an order, thereby resolving the proceedings between the Commission and Mailot Jaune Trading (Pty) Ltd.

Citation
[2015] ZACT 44
Parties
Applicant: Competition Commission; Respondent: Mailot Jaune Trading (Pty) Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
29 April 2015
Case Number
CR049Jul12/SA115Nov14 (019869)
Procedural Posture
Consent Order Application / Order Confirming Settlement Agreement
Outcome
Consent agreement confirmed as an order of the Tribunal; proceedings between the Commission and Mailot Jaune Trading (Pty) Ltd are concluded.
Judges
A Roskam, I Valodia, A Ndoni
Legal Topics
Price Fixing, Cartel Conduct, Consent Agreement, Section 4 Competition Act
Competition Law Price Fixing Cartel Conduct Consent Agreement Section 4 Competition Act

Case Brief

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Parties

Competition Commission

Applicant

Mailot Jaune Trading (Pty) Ltd

Respondent

Procedural Posture

Consent Order Application / Order Confirming Settlement Agreement

Legal Issues

  1. 1 Did Mailot Jaune Trading (Pty) Ltd 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 Competition Commission and Mailot Jaune Trading (Pty) Ltd be confirmed as an order of the Tribunal?

Ratio Decidendi

The Tribunal found that Mailot Jaune Trading (Pty) Ltd admitted to participating in conduct that contravened section 4(1)(b)(i) of the Competition Act by engaging in price fixing and cartel activities with other cycling retailers and wholesalers. The settlement agreement, which included admissions, undertakings for future compliance, and cooperation with the Commission, was deemed appropriate and in line with the objectives of the Act. The Tribunal confirmed the consent agreement as an order, thereby resolving the proceedings between the Commission and Mailot Jaune Trading (Pty) Ltd.

Court Disposition

Consent agreement confirmed as an order of the Tribunal; proceedings between the Commission and Mailot Jaune Trading (Pty) Ltd are concluded.

Orders

  • The consent agreement between the Competition Commission and Mailot Jaune Trading (Pty) Ltd is confirmed as an order of the Tribunal.
  • Mailot Jaune Trading (Pty) Ltd must cooperate with the Commission in the prosecution of other respondents.