Competition Commission v Murray & Roberts Ltd (017277) [2013] ZACT 75 (22 July 2013)

Competition Commission v Murray & Roberts Ltd (017277) [2013] ZACT 75 (22 July 2013)

The Tribunal found that Murray & Roberts Limited, through its subsidiaries, engaged in collusive tendering and bid-rigging in contravention of section 4(1)(b)(iii) of the Competition Act, 1998, in respect of seventeen non-prescribed prohibited practices across civil engineering, general building, and mechanical engineering subsectors. The respondent admitted to the contraventions, cooperated fully with the Commission, and undertook to implement compliance measures. The administrative penalty of R309,046,455 was calculated in accordance with the Invitation and will be paid in three instalments. The Tribunal confirmed the consent agreement as an order, concluding all proceedings between the...

Citation
[2013] ZACT 75
Parties
Applicant: Competition Commission; Respondent: Murray & Roberts Limited
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
22 July 2013
Case Number
017277
Procedural Posture
Consent Order Application / Application for Confirmation of Consent Agreement
Outcome
Consent agreement confirmed as an order of the Tribunal; administrative penalty imposed; proceedings between the Commission and Murray & Roberts Limited in respect of the listed conduct concluded.
Judges
N Manoim, Y Carrim, T Madima
Legal Topics
Collusive Tendering, Bid Rigging, Administrative Penalty, Consent Agreement, Market Allocation
Competition Law Commercial and Corporate Collusive Tendering Bid Rigging Administrative Penalty Consent Agreement Market Allocation

Case Brief

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Parties

Competition Commission

Applicant

Murray & Roberts Limited

Respondent

Procedural Posture

Consent Order Application / Application for Confirmation of Consent Agreement

Legal Issues

  1. 1 Whether Murray & Roberts Limited, through its subsidiaries, engaged in collusive tendering and bid-rigging in contravention of section 4(1)(b)(iii) of the Competition Act, 1998.
  2. 2 Whether the consent agreement between the Competition Commission and Murray & Roberts Limited should be confirmed as an order of the Tribunal.
  3. 3 Whether the administrative penalty imposed is appropriate and calculated in accordance with the Invitation to settle.

Ratio Decidendi

The Tribunal found that Murray & Roberts Limited, through its subsidiaries, engaged in collusive tendering and bid-rigging in contravention of section 4(1)(b)(iii) of the Competition Act, 1998, in respect of seventeen non-prescribed prohibited practices across civil engineering, general building, and mechanical engineering subsectors. The respondent admitted to the contraventions, cooperated fully with the Commission, and undertook to implement compliance measures. The administrative penalty of R309,046,455 was calculated in accordance with the Invitation and will be paid in three instalments. The Tribunal confirmed the consent agreement as an order, concluding all proceedings between the...

Court Disposition

Consent agreement confirmed as an order of the Tribunal; administrative penalty imposed; proceedings between the Commission and Murray & Roberts Limited in respect of the listed conduct concluded.

Orders

  • The consent agreement between the Competition Commission and Murray & Roberts Limited is confirmed as an order of the Tribunal.
  • Murray & Roberts Limited shall pay an administrative penalty of R309,046,455 in three equal instalments as specified in the agreement.