Competition Commission v National Glass Distributors (Pty) Ltd (017400) [2013] ZACT 81 (24 July 2013)

Competition Commission v National Glass Distributors (Pty) Ltd (017400) [2013] ZACT 81 (24 July 2013)

The Tribunal found that National Glass Distributors (Pty) Ltd admitted to participating in cartel conduct by entering into agreements to fix prices and divide markets for glass products, in contravention of section 4(1)(b)(i) and (ii) of the Competition Act. The conduct occurred between 1995 and April 2007 and affected the Gauteng region. The parties reached a settlement agreement, which included an admission of contravention, undertakings to refrain from future prohibited practices, implementation of a compliance programme, cooperation with the Commission, and payment of an administrative penalty. The Tribunal was satisfied that the settlement agreement complied with the requirements of...

Citation
[2013] ZACT 81
Parties
Applicant: Competition Commission; Respondent: National Glass Distributors (Pty) Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
24 July 2013
Case Number
017400
Procedural Posture
Consent Order Application / Order Confirming Settlement Agreement
Outcome
Settlement agreement confirmed as an order of the Tribunal. Administrative penalty imposed.
Judges
A Wessels, M Mazwai, A Roskam
Legal Topics
Price Fixing, Market Division, Administrative Penalty, Consent Agreement, Cartel Conduct
Competition Law Price Fixing Market Division Administrative Penalty Consent Agreement Cartel Conduct

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Parties

Competition Commission

Applicant

National Glass Distributors (Pty) Ltd

Respondent

Procedural Posture

Consent Order Application / Order Confirming Settlement Agreement

Legal Issues

  1. 1 Did National Glass Distributors (Pty) Ltd contravene section 4(1)(b)(i) and (ii) of the Competition Act by engaging in price fixing and market division agreements?
  2. 2 Should the settlement agreement between the Competition Commission and National Glass Distributors (Pty) Ltd be confirmed as an order of the Tribunal?
  3. 3 Is National Glass Distributors (Pty) Ltd liable for an administrative penalty under the Competition Act?

Ratio Decidendi

The Tribunal found that National Glass Distributors (Pty) Ltd admitted to participating in cartel conduct by entering into agreements to fix prices and divide markets for glass products, in contravention of section 4(1)(b)(i) and (ii) of the Competition Act. The conduct occurred between 1995 and April 2007 and affected the Gauteng region. The parties reached a settlement agreement, which included an admission of contravention, undertakings to refrain from future prohibited practices, implementation of a compliance programme, cooperation with the Commission, and payment of an administrative penalty. The Tribunal was satisfied that the settlement agreement complied with the requirements of...

Court Disposition

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

Orders

  • The settlement agreement between the Competition Commission and National Glass Distributors (Pty) Ltd is confirmed as an order of the Tribunal.
  • National Glass Distributors (Pty) Ltd shall pay an administrative penalty of R414,615.00 within three months of confirmation of the consent agreement.