Competition Commission v Primedia (Pty) Ltd (CR294Feb18/SA242Jan19) [2019] ZACT 20 (27 February 2019)

Competition Commission v Primedia (Pty) Ltd (CR294Feb18/SA242Jan19) [2019] ZACT 20 (27 February 2019)

Primedia admitted to contravening section 4(1)(b)(i) of the Competition Act by engaging in price fixing and fixing trading conditions with competitors through the MCC. The Tribunal found that the consent agreement, which includes an administrative penalty, undertakings to cease the prohibited conduct, implementation of a compliance programme, and measures to support small and black-owned agencies, adequately addresses the contravention. The Tribunal confirmed the consent agreement as an order, thereby concluding all proceedings between the Commission and Primedia in respect of the investigated conduct.

Citation
[2019] ZACT 20
Parties
Applicant: Competition Commission; Respondent: Primedia (Pty) Ltd
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
27 February 2019
Case Number
CR294Feb18/SA242Jan19
Procedural Posture
Settlement Application / Consent Agreement Confirmation
Outcome
Consent agreement confirmed as an order of the Tribunal; administrative penalty and remedial measures imposed.
Judges
N Manoim, E Daniels, M Mazwai
Legal Topics
Price Fixing, Fixing of Trading Conditions, Administrative Penalty, Consent Agreement, Economic Empowerment, Compliance Programme
Competition Law Price Fixing Fixing of Trading Conditions Administrative Penalty Consent Agreement Economic Empowerment Compliance Programme

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 2 Authorities cited 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Competition Commission

Applicant

Primedia (Pty) Ltd

Respondent

Procedural Posture

Settlement Application / Consent Agreement Confirmation

Legal Issues

  1. 1 Did Primedia contravene section 4(1)(b)(i) of the Competition Act by engaging in price fixing and fixing trading conditions with competitors?
  2. 2 Is the proposed consent agreement, including the administrative penalty and remedial measures, appropriate for confirmation by the Tribunal?

Ratio Decidendi

Primedia admitted to contravening section 4(1)(b)(i) of the Competition Act by engaging in price fixing and fixing trading conditions with competitors through the MCC. The Tribunal found that the consent agreement, which includes an administrative penalty, undertakings to cease the prohibited conduct, implementation of a compliance programme, and measures to support small and black-owned agencies, adequately addresses the contravention. The Tribunal confirmed the consent agreement as an order, thereby concluding all proceedings between the Commission and Primedia in respect of the investigated conduct.

Court Disposition

Consent agreement confirmed as an order of the Tribunal; administrative penalty and remedial measures imposed.

Orders

  • The consent agreement between the Competition Commission and Primedia (Pty) Ltd is confirmed as an order of the Tribunal.
  • Primedia (Pty) Ltd must pay an administrative penalty of R9,605,884.64 within 30 days of confirmation of the order.