Competition Commission v New Just Fun Group (Pty) Ltd (73/CR/Jul12) [2013] ZACT 38 (30 May 2013)

Competition Commission v New Just Fun Group (Pty) Ltd (73/CR/Jul12) [2013] ZACT 38 (30 May 2013)

The Tribunal found that New Just Fun Group (Pty) Ltd admitted to contravening section 4(1)(b)(i) of the Competition Act by participating in meetings and practices that resulted in price fixing and other anti-competitive conduct among cycling retailers and wholesalers. The settlement agreement, which included undertakings to cooperate with the Commission, desist from further contraventions, and implement compliance training, was deemed appropriate for confirmation. The Tribunal confirmed the agreement as a full and final settlement of the proceedings between the Commission and New Just Fun, thereby concluding the matter as it relates to the respondent.

Citation
[2013] ZACT 38
Parties
Applicant: Competition Commission; Respondent: New Just Fun Group (Pty) Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
30 May 2013
Case Number
73/CR/Jul12
Procedural Posture
Consent Order Application / Order Confirming Settlement Agreement
Outcome
Settlement agreement confirmed as an order of the Tribunal; proceedings between the Commission and New Just Fun Group (Pty) Ltd are concluded.
Judges
N Manoim, M Mokuena, I Valodia
Legal Topics
Price Fixing, Cartel Conduct, Section 4 Competition Act, Consent Order, Settlement Agreement
Competition Law Price Fixing Cartel Conduct Section 4 Competition Act Consent Order Settlement Agreement

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Parties

Competition Commission

Applicant

New Just Fun Group (Pty) Ltd

Respondent

Procedural Posture

Consent Order Application / Order Confirming Settlement Agreement

Legal Issues

  1. 1 Did New Just Fun Group (Pty) Ltd contravene section 4(1)(b)(i) of the Competition Act by engaging in price fixing and other cartel conduct with other cycling retailers and wholesalers?
  2. 2 Should the settlement agreement between the Commission and New Just Fun be confirmed as an order of the Tribunal?

Ratio Decidendi

The Tribunal found that New Just Fun Group (Pty) Ltd admitted to contravening section 4(1)(b)(i) of the Competition Act by participating in meetings and practices that resulted in price fixing and other anti-competitive conduct among cycling retailers and wholesalers. The settlement agreement, which included undertakings to cooperate with the Commission, desist from further contraventions, and implement compliance training, was deemed appropriate for confirmation. The Tribunal confirmed the agreement as a full and final settlement of the proceedings between the Commission and New Just Fun, thereby concluding the matter as it relates to the respondent.

Court Disposition

Settlement agreement confirmed as an order of the Tribunal; proceedings between the Commission and New Just Fun Group (Pty) Ltd are concluded.

Orders

  • The settlement agreement dated 12 March 2013 between the Competition Commission and New Just Fun Group (Pty) Ltd is confirmed as an order of the Tribunal.
  • Annexure A to the settlement agreement, dated 29 May 2013, is confirmed.