Competition Commission v Melody Street Trading 18 (Pty) Ltd (CR049Jul12/SA207Feb15(020784)) [2015] ZACT 43; [2015] 1 CPLR 179 (CT) (29 April 2015)

Competition Commission v Melody Street Trading 18 (Pty) Ltd (CR049Jul12/SA207Feb15(020784)) [2015] ZACT 43; [2015] 1 CPLR 179 (CT) (29 April 2015)

The Tribunal found that Melody Street Trading 18 (Pty) Ltd admitted to participating in cartel conduct in contravention of section 4(1)(b)(i) of the Competition Act. The settlement agreement, which included undertakings to cooperate with the Commission, desist from future contraventions, and implement compliance training, was deemed appropriate and in the public interest. The Tribunal confirmed the agreement as an order, thereby concluding all proceedings between the Commission and Melody Street relating to the alleged contravention.

Citation
[2015] ZACT 43
Parties
Applicant: Competition Commission; Respondent: Melody Street Trading 18 (Pty) Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
29 April 2015
Case Number
CR049Jul12/SA207Feb15 (020784)
Procedural Posture
Consent Order Application / Order Confirming Settlement Agreement
Outcome
The consent agreement between the Competition Commission and Melody Street Trading 18 (Pty) Ltd is confirmed as an order of the Tribunal, concluding all proceedings between the parties relating to the alleged contravention.
Judges
A Roskam, I Vaiodia, A Ndoni
Legal Topics
Cartel Conduct, Price Fixing, Settlement Agreement, Section 4 Violation
Competition Law Cartel Conduct Price Fixing Settlement Agreement Section 4 Violation

Case Brief

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Parties

Competition Commission

Applicant

Melody Street Trading 18 (Pty) Ltd

Respondent

Procedural Posture

Consent Order Application / Order Confirming Settlement Agreement

Legal Issues

  1. 1 Whether Melody Street Trading 18 (Pty) Ltd contravened section 4(1)(b)(i) of the Competition Act by engaging in cartel conduct.
  2. 2 Whether the settlement agreement between the Competition Commission and Melody Street Trading 18 (Pty) Ltd should be confirmed as an order of the Tribunal.

Ratio Decidendi

The Tribunal found that Melody Street Trading 18 (Pty) Ltd admitted to participating in cartel conduct in contravention of section 4(1)(b)(i) of the Competition Act. The settlement agreement, which included undertakings to cooperate with the Commission, desist from future contraventions, and implement compliance training, was deemed appropriate and in the public interest. The Tribunal confirmed the agreement as an order, thereby concluding all proceedings between the Commission and Melody Street relating to the alleged contravention.

Court Disposition

The consent agreement between the Competition Commission and Melody Street Trading 18 (Pty) Ltd is confirmed as an order of the Tribunal, concluding all proceedings between the parties relating to the alleged contravention.

Orders

  • The consent agreement as proposed by the Competition Commission and Melody Street Trading 18 (Pty) Ltd is confirmed as an order of the Tribunal.
  • Melody Street Trading 18 (Pty) Ltd must cooperate with the Commission in the prosecution of other implicated parties.