Competition Commission v Murray and Roberts Limited (CR128Mar11/SA153Oct15) [2015] ZACT 128; [2015] 2 CPLR 571 (CT) (9 December 2015)

Competition Commission v Murray and Roberts Limited (CR128Mar11/SA153Oct15) [2015] ZACT 128; [2015] 2 CPLR 571 (CT) (9 December 2015)

The Tribunal found that Murray & Roberts Limited, through its subsidiaries and divisions, engaged in collusive tendering, price fixing, and market allocation in contravention of section 4(1)(b) of the Competition Act. The respondent admitted to the conduct and agreed to cooperate with the Commission, refrain from future prohibited practices, and pay an administrative penalty. The Tribunal was satisfied that the consent agreement was comprehensive, addressed the contraventions, and included appropriate undertakings and penalties. The agreement was confirmed as an order of the Tribunal, concluding all proceedings between the parties in respect of the specified conduct.

Citation
[2015] ZACT 128
Parties
Applicant: Competition Commission; Respondent: Murray & Roberts Limited
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
9 December 2015
Case Number
CR128Mar11/SA153Oct15
Procedural Posture
Settlement Confirmation / Order Confirming Consent Agreement
Outcome
Consent agreement confirmed as an order of the Tribunal. Administrative penalty imposed and undertakings accepted.
Judges
N Manoim, A Wessels, I Valodia
Legal Topics
Collusive Tendering, Price Fixing, Market Allocation, Administrative Penalty, Consent Agreement
Competition Law Commercial and Corporate Collusive Tendering Price Fixing Market Allocation Administrative Penalty Consent Agreement

Case Brief

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Parties

Competition Commission

Applicant

Murray & Roberts Limited

Respondent

Procedural Posture

Settlement Confirmation / Order Confirming Consent Agreement

Legal Issues

  1. 1 Whether Murray & Roberts Limited, through its subsidiaries and divisions, engaged in collusive tendering, price fixing, and market allocation in contravention of section 4(1)(b) of the Competition Act.
  2. 2 Whether the settlement 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 under the Competition Act.

Ratio Decidendi

The Tribunal found that Murray & Roberts Limited, through its subsidiaries and divisions, engaged in collusive tendering, price fixing, and market allocation in contravention of section 4(1)(b) of the Competition Act. The respondent admitted to the conduct and agreed to cooperate with the Commission, refrain from future prohibited practices, and pay an administrative penalty. The Tribunal was satisfied that the consent agreement was comprehensive, addressed the contraventions, and included appropriate undertakings and penalties. The agreement was confirmed as an order of the Tribunal, concluding all proceedings between the parties in respect of the specified conduct.

Court Disposition

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

Orders

  • The settlement 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 R64,141,798.86 to the Competition Commission by 31 August 2016.