Competition Commission v Pedaling Dynamics CC t/a Dunkeld Cycles (73/CR/Jul12) [2013] ZACT 37 (30 May 2013)

Competition Commission v Pedaling Dynamics CC t/a Dunkeld Cycles (73/CR/Jul12) [2013] ZACT 37 (30 May 2013)

The Tribunal found that the respondent admitted to contravening section 4(1)(b)(i) of the Competition Act by engaging in price fixing and other cartel conduct with competitors. The respondent agreed to cooperate with the Commission in future investigations and prosecutions, to desist from further anti-competitive conduct, and to implement compliance training for its staff. The Tribunal was satisfied that the settlement agreement addressed the contravention and provided for future compliance. Accordingly, the Tribunal confirmed the settlement agreement and its annexure as an order, thereby concluding all proceedings between the Commission and the respondent regarding the alleged...

Citation
[2013] ZACT 37
Parties
Applicant: Competition Commission; Respondent: Pedaling Dynamics CC t/a Dunkeld Cycles
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
30 May 2013
Case Number
73/CR/Jul12
Procedural Posture
Consent Order / Order Confirming Settlement Agreement
Outcome
Settlement agreement confirmed as an order of the Tribunal; proceedings between the Commission and the respondent concluded.
Judges
N Manoim, M Mokuena, I Valodia
Legal Topics
Price Fixing, Cartel Conduct, Settlement Agreement, Section 4 1 B I Competition Act, Compliance Training
Competition Law Price Fixing Cartel Conduct Settlement Agreement Section 4 1 B I Competition Act Compliance Training

Case Brief

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Parties

Competition Commission

Applicant

Pedaling Dynamics CC t/a Dunkeld Cycles

Respondent

Procedural Posture

Consent Order / Order Confirming Settlement Agreement

Legal Issues

  1. 1 Did the respondent contravene section 4(1)(b)(i) of the Competition Act by engaging in price fixing and other cartel conduct with competitors?
  2. 2 Should the settlement agreement between the Commission and the respondent be confirmed as an order of the Tribunal?

Ratio Decidendi

The Tribunal found that the respondent admitted to contravening section 4(1)(b)(i) of the Competition Act by engaging in price fixing and other cartel conduct with competitors. The respondent agreed to cooperate with the Commission in future investigations and prosecutions, to desist from further anti-competitive conduct, and to implement compliance training for its staff. The Tribunal was satisfied that the settlement agreement addressed the contravention and provided for future compliance. Accordingly, the Tribunal confirmed the settlement agreement and its annexure as an order, thereby concluding all proceedings between the Commission and the respondent regarding the alleged...

Court Disposition

Settlement agreement confirmed as an order of the Tribunal; proceedings between the Commission and the respondent concluded.

Orders

  • The main settlement agreement dated 12 March 2013 is confirmed as an order of the Tribunal.
  • Annexure A, dated 29 May 2013, is confirmed as part of the order.