Competition Commission v Pistorius N.O. and Others (CR150Oct13/SA 155Dec23) [2024] ZACT 6 (13 February 2024)

Competition Commission v Pistorius N.O. and Others (CR150Oct13/SA 155Dec23) [2024] ZACT 6 (13 February 2024)

The Tribunal confirmed the settlement agreement between the Competition Commission and the respondents, noting that the Commission's investigation found evidence suggesting the imposition of minimum resale prices by H Pistorius & Co. The respondents denied liability but agreed to settle without admission,...

Source-derived case information.

Citation
[2024] ZACT 6
Parties
Applicant: Competition Commission; Respondent: Leo Constantin Pistorius N.O.; Respondent: Hermine Pistorius N.O.; Respondent: Arnoldus Kurt Pistorius N.O.; Respondent: Daniel Hendrik Du Plessis N.O.; Respondent: Sanette Fourie N.O.; Respondent: H Pistorius and CO (Pty) Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
13 February 2024
Case Number
CR150Oct13/SA 155Dec23
Procedural Posture
Settlement Application / Settlement Agreement Confirmation
Outcome
Settlement agreement confirmed as an order of the Tribunal; proceedings between the Commission and respondents concluded.
Judges
L Mncube, T Vilakazi, A Ndoni
Legal Topics
Resale Price Maintenance, Vertical Restrictions, Settlement Agreement, Section 5 2 Competition Act, Compliance Programme
Competition Law Resale Price Maintenance Vertical Restrictions Settlement Agreement Section 5 2 Competition Act Compliance Programme

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Parties

Competition Commission

Applicant

Leo Constantin Pistorius N.O.

Respondent

Hermine Pistorius N.O.

Respondent

Arnoldus Kurt Pistorius N.O.

Respondent

Daniel Hendrik Du Plessis N.O.

Respondent

Sanette Fourie N.O.

Respondent

H Pistorius and CO (Pty) Ltd

Respondent

Procedural Posture

Settlement Application / Settlement Agreement Confirmation

Legal Issues

  1. 1 Whether the respondents engaged in minimum resale price maintenance in contravention of section 5(2) of the Competition Act.
  2. 2 Whether the settlement agreement should be confirmed as an order of the Tribunal.
  3. 3 What undertakings and remedies are appropriate to resolve the dispute.

Ratio Decidendi

The Tribunal confirmed the settlement agreement between the Competition Commission and the respondents, noting that the Commission's investigation found evidence suggesting the imposition of minimum resale prices by H Pistorius & Co. The respondents denied liability but agreed to settle without admission, acknowledging the practical benefits of resolving the dispute. The settlement includes payment of R661,151.21 over six months, implementation of a competition law compliance programme, and undertakings to refrain from future anti-competitive conduct. The Tribunal found the agreement to be in line with the objectives of the Competition Act and appropriate to conclude the proceedings.

Court Disposition

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

Orders

  • The settlement agreement between the Competition Commission and the respondents is confirmed as an order of the Tribunal.
  • The respondents shall pay a settlement amount of R661,151.21 in six equal monthly instalments.