Competition Commission v Plasser South Africa (Pty) Ltd (CR078Aug16/SA276Feb18, 2014Aug0465) [2018] ZACT 13; [2018] 1 CPLR 198 (CT) (21 February 2018)

Competition Commission v Plasser South Africa (Pty) Ltd (CR078Aug16/SA276Feb18, 2014Aug0465) [2018] ZACT 13; [2018] 1 CPLR 198 (CT) (21 February 2018)

The Tribunal confirmed the consent agreement between the Competition Commission and Plasser South Africa (Pty) Ltd as an order. Plasser admitted to contravening section 4(1)(b)(ii) and (iii) of the Competition Act by engaging in collusive tendering and market division in the railway maintenance services market. The agreement included an administrative penalty of R8,427,625.92, payable in three instalments, and required Plasser to implement a competition law compliance programme and circulate the agreement to its managers and directors. The Tribunal found the terms of the consent agreement to be appropriate and in accordance with the Act, and ordered its confirmation as a full and final...

Citation
[2018] ZACT 13
Parties
Applicant: Competition Commission; Respondent: Plasser South Africa (Pty) Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
21 February 2018
Case Number
CR078Aug16/SA276Feb18
Procedural Posture
Settlement Agreement / Consent Order Confirmation
Outcome
Consent agreement confirmed as an order of the Tribunal; administrative penalty imposed; compliance undertakings accepted.
Judges
AW Wessels, M Mazwai, A Ndoni
Legal Topics
Collusive Tendering, Market Division, Administrative Penalty, Consent Agreement, Competition Act Section 4
Competition Law Commercial and Corporate Collusive Tendering Market Division Administrative Penalty Consent Agreement Competition Act Section 4

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Parties

Competition Commission

Applicant

Plasser South Africa (Pty) Ltd

Respondent

Procedural Posture

Settlement Agreement / Consent Order Confirmation

Legal Issues

  1. 1 Whether Plasser South Africa (Pty) Ltd contravened section 4(1)(b)(ii) and (iii) of the Competition Act by engaging in collusive tendering and market division.
  2. 2 Whether the consent agreement should be confirmed as an order of the Tribunal.
  3. 3 What administrative penalty and compliance measures are appropriate for the admitted contravention.

Ratio Decidendi

The Tribunal confirmed the consent agreement between the Competition Commission and Plasser South Africa (Pty) Ltd as an order. Plasser admitted to contravening section 4(1)(b)(ii) and (iii) of the Competition Act by engaging in collusive tendering and market division in the railway maintenance services market. The agreement included an administrative penalty of R8,427,625.92, payable in three instalments, and required Plasser to implement a competition law compliance programme and circulate the agreement to its managers and directors. The Tribunal found the terms of the consent agreement to be appropriate and in accordance with the Act, and ordered its confirmation as a full and final...

Court Disposition

Consent agreement confirmed as an order of the Tribunal; administrative penalty imposed; compliance undertakings accepted.

Orders

  • The consent agreement between the Competition Commission and Plasser South Africa (Pty) Ltd is confirmed as an order of the Tribunal.
  • Plasser South Africa (Pty) Ltd shall pay an administrative penalty of R8,427,625.92 in three instalments as specified in the agreement.