Competition Commission v Pedal-On-Marketing CC t/a Maverick Cycles (CR049Jul12/SA208Feb15 (020792)) [2015] ZACT 42; [2015] 1 CPLR 184 (CT) (29 April 2015)

Competition Commission v Pedal-On-Marketing CC t/a Maverick Cycles (CR049Jul12/SA208Feb15 (020792)) [2015] ZACT 42; [2015] 1 CPLR 184 (CT) (29 April 2015)

The Tribunal found that Maverick Cycles admitted to participating in conduct that contravened section 4(1)(b)(i) of the Competition Act by engaging in price fixing and cartel arrangements with other cycling retailers and wholesalers. The settlement agreement, which included undertakings by Maverick to cooperate with the Commission, desist from future cartel conduct, and implement compliance training, was deemed appropriate and in line with the objectives of the Act. The Tribunal confirmed the consent agreement as an order, thereby concluding all proceedings between the Commission and Maverick Cycles regarding the alleged contraventions.

Citation
[2015] ZACT 42
Parties
Applicant: Competition Commission; Respondent: Pedal-On-Marketing CC t/a Maverick Cycles
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
29 April 2015
Case Number
CR049Jul12/SA208Feb15 (020792)
Procedural Posture
Consent Order Application / Order Confirming Settlement Agreement
Outcome
Consent agreement confirmed as an order of the Tribunal. Proceedings between the Commission and Maverick Cycles concluded.
Judges
A Roskam, I Valodia, A Ndoni
Legal Topics
Price Fixing, Cartel Conduct, Section 4 Competition Act, Settlement Agreement, Future Conduct Undertakings
Competition Law Price Fixing Cartel Conduct Section 4 Competition Act Settlement Agreement Future Conduct Undertakings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Competition Commission

Applicant

Pedal-On-Marketing CC t/a Maverick Cycles

Respondent

Procedural Posture

Consent Order Application / Order Confirming Settlement Agreement

Legal Issues

  1. 1 Whether Maverick Cycles contravened section 4(1)(b)(i) of the Competition Act by engaging in price fixing and cartel conduct.
  2. 2 Whether the consent agreement between the Commission and Maverick Cycles should be confirmed as an order of the Tribunal.
  3. 3 What undertakings are required from Maverick Cycles to prevent future contraventions.

Ratio Decidendi

The Tribunal found that Maverick Cycles admitted to participating in conduct that contravened section 4(1)(b)(i) of the Competition Act by engaging in price fixing and cartel arrangements with other cycling retailers and wholesalers. The settlement agreement, which included undertakings by Maverick to cooperate with the Commission, desist from future cartel conduct, and implement compliance training, was deemed appropriate and in line with the objectives of the Act. The Tribunal confirmed the consent agreement as an order, thereby concluding all proceedings between the Commission and Maverick Cycles regarding the alleged contraventions.

Court Disposition

Consent agreement confirmed as an order of the Tribunal. Proceedings between the Commission and Maverick Cycles concluded.

Orders

  • The consent agreement between the Competition Commission and Pedal-On-Marketing CC t/a Maverick Cycles is confirmed as an order of the Tribunal.
  • Maverick Cycles is to cooperate fully with the Commission in relation to the prosecution of other respondents.